- (1.) The present case arising out of an application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973, is directed against the order dated 4.4.2006 passed by the learned Chief Judicial Magistrate, Nadia in complaint case No. 269-C of 2006.
(2.) Grievance of the petitioner may briefly be stated as follows : The petitioner is the registered owner of a bus bearing registration Number WB-53/0001. It is a stage carriage bus used for the purpose of carrying passengers from Sainthia to Krishnanagar under valid route permit issued by the Regional Transport Authority having permanent permit No. 5/95, which is renewed from time to time and is valid till 19.4.2010. The case under reference was started on the basis of a petition of complaint filed by the Forest Range Officer, Krishnanagar Range, on 25.3.2006 before the learned Court of chief Judicial Magistrate, Krishnanagar, Nadia. It was alleged in the said complaint that on the basis of a source information that a good number of pipits (Bhurui birds) were being carried in a private bus, bearing No. WB- 53/0001 in the Krishnanagar-Sainthia route, on 24.3.2006 at about 10.00 a.m. the said vehicle was intercepted. On search, few baskets could be found with such Bhurui birds numbering about 509. On demand, no valid papers/licence could be produced for transportation of the said birds. Upon enquiry from the owner of those birds, namely, Rajjak Sk., it could be learnt that there was no valid permit, document or licence authorising possession and transportation of the said birds. The driver of the bus or its khalasi also could not produce any valid document in respect of the same. Along with the said driver and khalasi, Rajjak Sk. was also arrested and the vehicle was seized. The authority concerned, thereafter, started a case for the alleged offence under Sections 9, 39, 44, 50, 51(1)(2) and 58 of the Wild Life (Protection) Act, 1972. The said case was registered for investigation.
(3.) The present petitioner as owner of the seized vehicle, being WB-53/0001 filed an application before the learned Court of Chief Judicial Magistrate, Nadia praying for return of the vehicle. The petitioner claimed to be the registered owner of the same. It was further claimed that no case had been started as against the present petitioner. The learned Court in response to such application directed the concerned Forest Authority to submit a report. After hearing the parties and taking into consideration all relevant facts and materials, the learned Court rejected the said application.;