V.K.GUPTA, J. - (1.) BY consent of the parties, we proceed to decide the application for stay filed in Court on 29 -31996 and the appeal. The appeal is treated as on day's list dispensing with the filing of paper books and other formalities as required to be observed under the Rules of this Court.
(2.) THE learned Single Judge while passing order dated 8 -9 -1995 under appeal dismissed the writ application of the appellant relating to refusal on the part of the Sub -Divisional Judicial Magistrate to deal with the question of releasing the vehicle allegedly involved in the commission of the offence. It appears that the appellant was involved allegedly in the commission of an offence under section 9 read with section 2(16)(a) of the Wild Life (Protection) Act. 1972. The allegation against him included the transportation of hill moyna. It was alleged inter alia, that the vehicle No. WB -74/ A -0165 was used in the commission of the aforesaid offence. That accused/appellant applied before the Sub -Divisional Judicial Magistrate, Alipurduar for being released on bail and for the release of the vehicle as well. After considering the merits of the bail application, learned Magistrate by his order dated 3 -2 -1995 refused to release the accused on bail. However, while dealing with the question about release of the vehicle in question he observed that he had no jurisdiction to hear and consider the application for release of the vehicle since it was not maintainable before him.
(3.) THE learned counsel appearing for the respondents has submitted that the Magistrate was justified in not entertaining the application for release of the vehicle because in terms of the provision of the Indian Forest Act. 1927 as amended by the West Bengal Amended Act. 1988 the Magistrate did not have any jurisdiction if the vehicle in question was involved in the commission of an offence relating to forest produce.;