ABDUL AZEEZ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition under Section 482 of the Cr.P.C. the applicant has prayed for quashment of the order dated 7.4.2012 passed by the Additional Sessions Judge, Camp Court, Dongargarh, in Criminal Revision No.5/2012, affirming the order dated 31.3.2012 passed by. the Judicial Magistrate First Class, Chuikhadan, in the matter of interim custody whereby the trial Court has denied the interim custody of vehicle used for transportation of cattle under the provisions of Chhattisgarh Agricultural Cattle Preservation (Amendment) Act, 2011 (for short the Act').

(2.) AFTER arguing the matter sometime, in the light of amended provisions of Section 6 of the Act relating to custody of the vehicle learned counsel for the applicant seeks to withdraw this petition with liberty to revive the same after the stipulated time mentioned in sub-section (3) of Section 6 of the Act or after final judgment.

(3.) BY adding sub-section (3) absolute rider for order of custody within the period of six months from the date of seizure has been created in the Principal Act having overriding effect upon the general act. In the light of sub-section (3) of Section 6 of the Act vehicle cannot be given In Interim custody within six months from the date of seizure or before final judgment whichever is earlier.