State Of M.P. & Ors vs Madhukar Rao

The Supreme Court held that a vehicle seized under Section 50(1)(c) of the Wild Life (Protection) Act, 1972 does not become the property of the Government until a formal declaration is made under Section 39(d) of the Act. The Court ruled that the Magistrate retains the power to release such a vehicle under Section 451 of the Code of Criminal Procedure, 1973 during the pendency of trial. Consequently, the Court set aside the Sessions Judge's order that had reversed the Magistrate's decision to release the vehicle, thereby allowing the appeal of the respondent.