Pushpendra Singh Bhati, J. - (1.) Petitioner has filed this petition under Section 482 of the Cr.P.C. challenging the order dated 23/11/2016 passed by the Magistrate First Class, Bhiwadi, Distt-Alwar in FIR No.391/2016 before the Police Station Bhiwadi Phase-IIIrd, Distt-Alwar for offence under Section 379, 120B IPC 4, 21 M.M.D.R. 33, 41, 42 of Rajasthan Forest Act, 1953 for giving Supurdgi of vehicle (Dumper) bearing No.H.R.-55 P-1211.
(2.) Learned counsel for the petitioner Smt. Sunita Vashishta has stated that the court below has heard the application moved by the petitioner for release of the vehicle in question on superdgi. Learned counsel has drawn attention to the Section 55 of the Rajasthan Forest Act, 1953 (hereinafter referred as 'The Act of 1953'), whereby the confiscation could be initiated only upon the conviction of the offender for the offences pertaining to the Forest Act subject to the provision of Section 52-(A)(B) and (C).
(3.) Section 55 of the Rajasthan Forest Act, 1953 reads as follows: "55. Forest Produce, tools etc. when liable to confiscation.- (1) All timber or forest produce which is not the property of State Government and in respect of which a forest offence has been committed, and all machinery, arms, tools, boats, cattle, vehicle, ropes, chains or any other article used in committing any forest offence, shall, subject to the provisions of Section 52, 52A, 52B and 52C be liable to confiscation upon conviction of the offender for such forest offence.] (2) Such confiscation may be in addition to any other punishment prescribed for such offence.;