Debi Prasad Sengupta, J. - (1.) In the present revisional application, the petitioner has challenged the order dated 18 7.2002 passed by the learned Chief Judicial Magistrate. Jaipaiguri in connection with C. R. Case No. 281/2002 thereby rejecting the prayer for return of the seized truck owned by the petitioner. The allegation in the present case is that the said truck was engaged in carrying an elephant, a schedule-l animal with the help of some forged documents.
(2.) It is the contention of the petitioner's learned Advocate that the petitioner, who is the owner of the truck was approached by the driver of the truck that the truck was going to be hired by one Rajendra Singh of Mankapur, District-Gonda. Uttarpradesh to carry a domestic elephant. On such information, the petitioner being the owner of the truck, asked for the relevant documents. Thereafter, some documents were produced before the petitioner and having relied upon such documents, the petitioner also requested the driver of the truck to get necessary permission to transport of the animal from the Chief Wild Life Officer. Meghalay. Shillong. Subsequently, the petitioner was informed that on 23.5.2002 a permission was given by the Chief Wild Life (1998)1 Cat HN 578 (2) Rajendra Prasad v. State of Bihar & Anr. 2002 SCC (Cr) 1034 Biplab Mitra. D Acharyya and Amajit De Swapan Kr. Mahick Officer. Meghalay to transport the said elephant. The petitioner thereafter on 4.7.2002 came to know that the truck (AS-T7-2424) was seized by the Range Officer. Gorumara South Range, Gorumara National Park on 2.7.2002 at Testa Check Post.
(3.) The petitioner thereafter filed an application before the learned Chief Judicial Magistrate, Jalpaiguri for return of the said Truck, which was rejected by the learned Magistrate by the impugned order.;