ABDUL VAHAB Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard Mr. Pulkit Tare, learned counsel appearing for the appellant. Also heard Mr. Abhinav Shrivastava learned counsel appearing for the State of Madhya Pradesh.

(2.) Leave granted.

(3.) The primary challenge in this appeal is to the Confiscation Order dtd. 9/8/2017 for the appellant's truck (bearing No.MP/09/GF/2159), passed by the District Magistrate, Agar Malwa, purporting to exercise powers under Sec. 11(5) of the M.P. Prohibition of Cow Slaughter Act, 2004 (hereinafter referred to as, 'the 2004 Act') and Rule 5 of the M.P Govansh Vadh Pratishedh Rules, 2012. The Confiscation order was affirmed on 22/9/2018 by the Court of Additional Commissioner, Ujjain. The Revision Petition challenging the confiscation order was dismissed by the 3rd Additional Sessions Judge, Ujjain in the Criminal Revision No.211/2018. The Truck owner preferred a Petition under sec. 482 CrPC before the High Court of Madhya Pradesh, wherein, the High Court affirmed the orders passed by the forums below, while holding that no error has been committed by the District Magistrate in ordering the truck's confiscation, even after acquittal of the accused persons from the criminal case.