- (1.) This Criminal Revision petition has been filed against the order-dated 27th of August 2001 passed by the Additional Sessions Judge, No. 2, Bharatpur in Criminal Revision Petition No. 4/2001 filed against the order-dated 15.12.2000 passed by Additional Chief Judicial Magistrate, No. 3, Bharatpur whereby order of release of the forest produce, Silica Sand seized by the forest authorities.
(2.) The brief facts of the case are as under: The respondent (Girraj Prasad) filed an application before the Additional Chief Judicial Magistrate No. 3, Bharatpur under Section 457 Code of Criminal Procedure read with Section 54(2) of the Rajasthan Forest Act. Upon this application, the learned Additional Chief Judicial Magistrate No. 3 Bharatpur has ordered for releasing salica sand seized by the forest authorities vide its order-dated 15.12.2000. Against the said order, the petitioner (State of Rajasthan) has preferred a revision petition before the learned Additional Sessions Judge No. 2, Bharatpur in which the learned Additional Sessions Judge No. 2, has upheld the judgment dated 15.12.2000 passed by the learned Additional Chief Judicial Magistrate, No. 3, Bharatpur by his order-dated 27th of August, 2001. Against the said orders dated 27.8.2001 passed by the learned Addl. Sessions Judge No. 2, Bharatpur as well as the order passed by the learned Addl. Chief Judicial Magistrate, No. 3, Bharatpur dt. 15.12.2000, this revision petition is preferred by the petitioner (State of Rajasthan).
(3.) The learned Public Prosecutor who is appearing on behalf of the petitioner (State of Rajasthan) is contended that both the courts below have committed an illegality by passing their orders. Neither the Additional Chief Judicial Magistrate nor Additional Sessions Judge has appreciated that the seizure in question was made by the forest authorities under the powers conferred upon them by virtue of Section 52 of the Rajasthan Forest Act. He has further contended that the judgment of the court below is contrary to the provisions of law. Hence, the judgment of both the courts below be quashed and set aside.;