Neutral Citation No. - 2025:AHC:64301 Court No. - 76 Case :- APPLICATION U/S 482 No. - 3164 of 2025 Applicant :- Sakeel Ahmad Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Krishna Datta Tiwari,Yogesh Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, Shri Vibhav Anand Singh, learned A.G.A. for the State. Perused the material available on record. 2. This application under Section 482 Cr.P.C. has been filed seeking quashing of the orders dated 13.08.2024 and 21.08.2024, passed by the Regional Forest Officer, Kasya, Kushinagar, and the Divisional Forest Officer, Social Forestry Division, Kushinagar, respectively, whereby the applicant's request dated 29.07.2024 for release of the hood of the Saw Mill was rejected. 3. The brief facts of the case are that on 20.02.2021, a surprise raid was conducted by the Forest Department on the applicant's premises. A broken hood was recovered from the saw machine pit, which was found to be in violation of Section 3(1) of the U.P. Saw Machine (Establishment and Regulation) Rules, 1978, read with Section 77 of the Indian Forest Act, 1927. Consequently, the hood of the Saw Mill was seized. 4. The applicant's initial application for release of the seized item was rejected by the learned Chief Judicial Magistrate, Kushinagar, vide order dated 15.09.2021. A challenge to that order in Application No. 4233 of 2022 under Section 482 Cr.P.C. was dismissed by a co-ordinate Bench of this Court, granting liberty to the applicant to approach the appropriate authority. 5. Thereafter, the applicant submitted a representation before the Regional Forest Officer, relying on an order dated 19.05.2022. This representation was rejected on 13.08.2024, with the finding that the applicant had been convicted under Section 3/11 of the U.P. Saw Machine Rules, 1978 read with Section 77 of the Indian Forest Act, 1927, and sentenced to stand in Court till rising of the Court along with a fine of Rs. 2000/-. The authority further observed that there was no specific direction of the Court for release of the seized hood. 6. A subsequent representation to the Divisional Forest Officer challenging the order dated 13.08.2024 also met the same fate and was rejected on 21.08.2024. 7. Learned counsel for the applicant submits that the impugned orders are erroneous and contrary to law, and therefore, liable to be quashed. 8. On the other hand, learned A.G.A. has opposed the application, contending that since the applicant has already been convicted and sentenced, the seized property, being case property, cannot be released. 9. Upon consideration, it is apparent that the coordinate Bench of this Court had merely granted liberty to the applicant to approach the forest authorities but had not directed release of the hood. The subsequent orders passed by the authorities are based on the applicant's conviction and the absence of any direction from the Court to release the case property. 10. In light of the above, no interference is warranted with the orders dated 13.08.2024 and 21.08.2024. The application under Section 482 Cr.P.C. is devoid of merit and is accordingly dismissed. Order Date :- 5.3.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad