Vehicle seized under Section 39(1)(d) of Wild Life (Protection) Act, 1972 cannot be property of the Government unless finding is recorded by Criminal Court that vehicle is used for commission of offence.

(1) The petitioner No. 1 is the registered owner of Maruti Zen bearing registration No. CG.04/ZD 7655. The said vehicle was found involved in commission of offence punishable under Sections 9, 44, 51, 25 & 26(28) of the Wild Life (Protection) Act, 1972 (henceforth ‘Act of 1972’) and Criminal Case No. 647/2012 was registered in the Court of Judicial Magistrate First Class, Baloda Bazar titled as State of Chhatisgarh v. Mohammad Shoaib & another and same is pending consideration.

(2) Case of the resp

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