- (1.) I. S. Mathur, J. By this petition under Section 482, Cr. P. C. the petitioner prays for quashing the order of the learned Magistrate dated 16-1-1996 (Annexure-2 to the petition) rejecting the prayer of the petitioner for release of the truck No. U. P. 65-F-8649 and releasing it in the supercargo of the applicant.
(2.) I have heard learned counsel for the petitioner and learned Government Advocate and with their consent, this petition is being disposed of finally at this stage. Learned Additional Government Advocate has fairly stated that there can be no objection in releasing the truck in favour of the petitioner on furnishing proper security. It appears that the truck in question was carrying some tortoise and, according to the prosecution, this was an offence within the meaning march of Section 51 of the Wild Life (Protection) Act, 1972. The applicant is the owner of the truck. It is submitted by the learned counsel that the applicant had no knowledge that the truck was carrying contraband tortoise. It is also submitted by the learned counsel that the confiscation of the truck can be ordered at the time of conviction only. He has also placed some decisions of the Court, namely, Mohd. Hanif v. The State of U. P. , 1983 UP Crr 239, Jai Prakash Shanna. State of U. P. , 1993 LCrr 90. Considering the facts and statement of the learned Additional Government Advocate, it appears just and proper that this truck be released in favour of the petitioner on his furnishing adequate security to the satisfaction of the court concerned and on his being satisfied above the ownership of the petitioner.
(3.) THE petition is accordingly allowed the time order of the learned Magistrate dated 16-1-1996 is quashed. THE truck No. U. P. 65-F-8649 shall be released in favour of the petitioner on his furnishing adequate security to the satisfaction of the concerned Magistrate and also subject to his verification of the ownership of the petitioner. THE petitioner shall not transfer the truck during the pendency of the trial without per mission of the court. Petition allowed. .;