Neutral Citation No. - 2025:AHC:64367 Court No. - 74 Case :- APPLICATION U/S 482 No. - 27652 of 2024 Applicant :- Retd Colonel Devendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jagmohan Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Jagmohan Singh, learned counsel for applicant and learned AGA for the State. 2. The present application has been preferred for seeking quashing of order dated 26.03.2024 passed by learned Special CJM, Meerut in Complaint Case No.3759 of 2017 (now 15377 of 2017), under Sections 9, 44, 49A, 49B, 50, 51 of Wild Life (Protection), Act, P.S. Forest Department Civil Lines, District Meerut through which application preferred by applicant for release of his vehicle, has been rejected. 3. At the very outset, learned AGA sought attention of the Court towards order dated 15.12.2023 passed by Division Bench of this Court in Writ C No.5726 of 2020 (Devendra Kumar Vs. State of U.P. and another) and submitted that in light of the observations made in that order, the present application may be rejected. 4. By bare perusal of order dated 15.12.2023 passed by Division Bench in Writ C No.5726 of 2020, it appears that through the said petition, orders passed by learned court concerned as well as learned revision court rejecting the application for release of vehicle in question preferred at the behest of applicant herein, were challenged which was dismissed on merit by considering each and every aspects of the matter. The operative paragraphs of the said order are being quoted herein below:- "29. From the perusal of the recovery memo, it is clear that large quantity of animal articles, parts of animal body, animal meat and a knife having its handle made of elephant tusk was recovered from the house of the accused- petitioner. The details of the articles recovered is mentioned in paragraph no. 2 of this judgement. From the perusal of the aforesaid recovery and the statement u/s 161 Cr.P.C. of co-accused Babloo, it prima facie appears that animal articles, animal parts and meat of such animals were stored after hunting by the petitioner. 30. Thus, prima facie vehicle was used in the commission of the offence made punishable under the Act of 1972. 31. The petitioner has relied on the judgement of the Apex Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat, 2002 LawSuit (SC) 1346 and has argued that during the pendency of trial, the case property/vehicle should be released in favour of the owner after obtaining undertaking and surety and preparing panchnama of the case property/vehicle. In the present case, the vehicle, prima facie being used in the commission of offence under the Act of 1972 has become government property. Therefore, the law laid down by Hon'ble Apex Court in Sunderbhai Ambalal Desai (supra) shall not be applicable on the release application of the vehicle. 32. Under these facts and circumstances of the case, the learned Magistrate has not committed any illegality in rejecting the vehicle release application of the petitioner. The learned revisional court has also rightly rejected the revision filed against the impugned order of the learned Magistrate. 33. From the aforesaid discussion, we are of the considered view that vehicle no. U.K. 06 V 0044 seized in Range Case No. 6/2017-18 u/s u/s 9, 44, 49-A, 49-B, 50 and 51 of Wild Life (Protection) Act, 1972, was prima facie used in committing the offence under the aforesaid Act and, therefore, under the provisions of Section 39(1)(d), the vehicle is the property of the State Government and is not liable to be released during the pendency of the trial. There is no ground to interfere in the impugned order passed by the learned Magistrate and the revisional court. 34. The petition is dismissed, accordingly." 5. Once the Division Bench of this Court had already rejected the prayer seeking release of vehicle in question, there is no occasion available before this Court to entertain this application seeking same prayer and as such, the same is hereby dismissed. Order Date :- 25.4.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad