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Ganga Sahai Vs. State - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtRajasthan High Court
Decided On
Case NumberS.B. Criminal No. 133 of 1983
Judge
Reported in1984WLN(UC)228
AppellantGanga Sahai
RespondentState
Excerpt:
.....is ordered to be sold by auction and the sale proceeds are kept in deposit with the district forest officer.;revision partly allowed - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k)..........order aforesaid had directed that the wood that was seized in truck no. rrb 812 by the district forest officer, bharatpur on 31st december, 1982 should be kept in the custory of the district forest officer, bharatpur after being weighed in presence of the petitioners.2. i have heard shri rathore, the learned counsel for the learned public prosecutor. it has been submitted by the learned counsel for the petitioner that the wood which has been seized belongs to the petitioners and that if the wood is kept in the custody of district forest officer as per direction of the judicial magistrate, it will deteriorate and would not be kept in proper manner. it is therefore, prayed that the wood should be given in the custody of the petitioner. taking into consideration the facts and.....
Judgment:

S.C. Agrawal, J.

1. This revision petition is directed against the order dated 2nd February, 1983 passed by the Sessions Judge, Bharatpur. By the order aforesaid, the Sessions Judge, dismissed the revision petition which wastreated as an appeal under Section 59 of the Rajasthan Forest Act and upheld the order dated 5th January, 1983 passed by the Judicial Magistrate. BLaratpur in Misc. Petition No. 1/1983. The Judicial Magistrate by the order aforesaid had directed that the wood that was seized in truck No. RRB 812 by the District Forest Officer, Bharatpur on 31st December, 1982 should be kept in the custory of the District Forest Officer, Bharatpur after being weighed in presence of the petitioners.

2. I have heard Shri Rathore, the learned Counsel for the learned Public Prosecutor. It has been submitted by the learned Counsel for the petitioner that the wood which has been seized belongs to the petitioners and that if the wood is kept in the custody of District Forest Officer as per direction of the Judicial Magistrate, it will deteriorate and would not be kept in proper manner. It is therefore, prayed that the wood should be given in the custody of the petitioner. Taking into consideration the facts and circumstances of the case, I am of the opinion that the interest of all the parties will be better protected if the wood which has been seized is ordered to be sold by auction and the sale proceeds are kept in deposit with the District Forest Officer, Bharatpur till the matter is decided. It is, therefore, directed that the wood which has been seized may be sold by auction and the as proceeds may be kept in deposit with the District Forest Officer, Bharatpur subject to the orders that are passed by the Judicial Magistrate, Bharatpur. It will be open to the petitioners to participate in the auction. The auction may be conducted by the District Forest Officer. Bharatpur and the notice about the auction may be given to the petitioners. The orders passed by the Judicial Magistrate, Bharatpur and the Sessions Judge, Bharatpur will stand modified accordingly.

3. The revision petition is disposed of accordingly.


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