- (1.) The instant criminal miscellaneous petition has been filed seeking release of his vehicle seized by the Police under provisions of the Indian Penal Code, 1860 (for short "the Act of 1860") as well as provisions of the Rajasthan Forest Act, 1953 (for short "the Act of 1953").
(2.) It is contended by learned counsel for the petitioner that his application for releasing of the vehicle, has been rejected inasmuch as the proceedings under the provisions of the Act of 1953, were pending; wheres, there is no bar, on the jurisdiction of Court under the Act of 1953 for releasing the vehicle on "supurdginama" as provided under Section 52-C of the Act of 1953. It is contended that undisputably, no such intimation under Section 52(4) of the Act of 1953 has been received in this case. Learned counsel for the petitioner has relied upon judgments of Coordinate Bench of this Court in SB Criminal Miscellaneous Petition No.3944/2016 titled as Yunush Versus State of Rajasthan, dated 14.09.2016, in SB Criminal Miscellaneous Petition No.5947/2017 titled as Inklab Versus State of Rajasthan, dated 16.11.2017 and in SB Criminal Miscellaneous Petition No.1321/2017 titled as Sher Mohd. Versus State of Rajasthan, dated 26.04.2017.
(3.) Learned Public Prosecutor appearing for the respondent- State did not dispute this legal position.;