JABALPUR, India, May 26 -- Madhya Pradesh High Court issued the following judgment/order on April 23:

1. This petition under Section 528 of BNSS, 2023 (corresponding to Section 482 of CrPC, 1973) has been filed by the applicant, being aggrieved by the order dated 23.01.2026 passed in Criminal Revision No.869/2025 by learned XIX th Additional Sessions Judge, Bhopal, District Bhopal (M.P.), affirming the order dated 12.12.2025 passed by the Chief Judicial Magistrate, Bhopal (M.P.), in connection with Crime No.32958/2022 registered at Police Station Van Parikshetra, Bhopal. By the said orders, the application filed by the applicant under Section 503 of BNSS, 2023, seeking interim custody of the vehicle i.e. Hyundai Grand i-10 bearing Registration No. MP-28-CA-3944, was dismissed.

2. The brief facts giving rise to the present petition are that as per the prosecution case, the wildlife trophy was being transported by the petitioner along with co-accused in the aforesaid seized vehicle. The aforesaid Trophy was a licensed trophy since 1971 registered in the name of the petitioner's father; However the Petitioner's father has since passed away, the allegation against the accused is that he was on the way to sell said Trophy and the vehicle i.e. Hyundai Grand i-10 bearing Registration No. MP-28-CA-3944, was allegedly used in the commission of the offence. The applicant/accused was arrested in connection with Crime No.32958/2022 dated 08.11.2025, registered at Police Station Van Parikshetra, Bhopal, for offences punishable under Sections 2, 39, 40, 44, 49, 50, 51 and 52 of Wild Life (Protection) Act, 1972 and Section 52 of Indian Forest Act, 1927. After seizure, the said vehicle was kept in the custody of Police Station Van Parikshetra, Bhopal. The applicant moved an application under Section 503 of BNSS, 2023 seeking release of the vehicle on interim custody, which was opposed by the respondent on the ground that confiscation proceedings under Section 52 of Indian Forest Act, 1927 had already been initiated by the competent forest authority. Upon consideration of the submissions and material available on record, the learned trial Court rejected the application, holding that once confiscation proceedings are initiated, the criminal Court cannot exercise the power to grant interim custody of the seized vehicle.

*Rest of the document can be viewed at: (https://mphc.gov.in/storage/upload/jabalpur/MPHCJB/2026/MCRC/7215/MCRC_7215_2026_FinalOrder_23-04-2026_digi.pdf)

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