- (1.) BY way of this petition under Sec tion 226 of the Constitution of India, the petitioners have challenged the order dated 19-10-2007 passed by learned C. J. M. , Champawat in a case No. 9/ sha/07-08, State Vs. Gautam Singh Garbiyal & another as well as the judg ment and order dated 14-03-2008 passed by learned Sessions Judge, Champawat in Criminal Revision No. 48 of 2007, Gautam Singh Vs State of Uttarakhand, which are annexure Nos. 1 and 2 to the petition.
(2.) BRIEF facts of the case are that the police apprehended one Gautam Singh Garbiyal and Fanne along with 5 kg of Yarsha Gamba in their posses sion. The police ceased the contra band and prosecuted the accused per sons under the provisions of Wild Life Protection Act. An application was filed by the petitioner No. 2 and other accused per sons for releasing of the Yarsha Gamba recovered from their possession. The Chief Judicial Magistrate vide' order dated 19-10-2007 rejected the applica tion under the provision of Section 451 of the Cr. P. C. The revision was preferred against the petitioner No. 2 against the aforesaid order which was also dismissed vide order dated 14-03-2008.
(3.) FEELING aggrieved by the aforesaid orders of the courts below, the petition ers preferred this petition before this Court. Heard Sri R. S. Sammal, learned counsel for the petitioners, Sri G. S. Sandhu, learned G. A. assisted by Sri S. S. Adhikari, learned counsel for the respondent and perused the record.;