KALURAM GUPTA Vs. STATE OF C.G.

JUDGEMENT

(1.) Vehicle bearing registration No. MP-20-HB/0664(Truck) was found involved in commission of crime No. 80/2014 registered at Police Station, Charcha, District Korea under Sections 6 & 10 of Chhattisgarh Agricultural Cattle Preservation Act, 2004 (for short, the Act, 2004) (as amended in 2011) and Section 11(d) of the Prevention of Cruelty to Animals Act, 1960 (for short, the Act, 1960) as well as violation of prov ions of Motor Vehicles Act, 1988, and as such, the said Truck was seized by the said Police Station.

(2.) The petitioner herein being registered owner of said Truck moved an application before the trial magistrate under Section 457 of Cr.P.C. claiming that he being registered owner is entitled for custody of said vehicle as it is likely to be damaged by lying unused in the police station and he is ready an willing to furnish bond of appropriate amount as directed by the said court.

(3.) Learned trial magistrate, by its order dated 19.05.2014 rejected the said application placing reliance upon the provisions contained in Section 6(3) of the Act, 2004, holding that he is not entitled for Supurdnama before expiry of period of six months from the date of seizure. The petitioner preferred revision before the court of Sessions questioning the order passed by the trial magistrate. The revisional court also dismissed the revision holding that petitioner is not entitled for custody of vehicle in view of express bar contained in Section 6(3) of the Act, 2004. Impugning legality, validity and correctness of both the orders, instant application under Section 482 of Cr.P.C. has been filed by the petitioner.