ASHOKE KUMAR RANA Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
Ashoke Kumar Rana
STATE OF WEST BENGAL
Click here to view full judgement.
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
(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.
Copyright © Regent Computronics Pvt.Ltd.