SHYAM KUMAR SAHU Vs. STATE OF C.G.

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 482 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) against the order dtd. 30/04/2024 passed by learned Addl. Sessions Judge, Sarangarh, DistRaigarh in CRR No. 11/2024 whereby the order dtd. 06/04/2024 passed in Criminal Case No. 847/2024 by learned Chief Judicial Magistrate, Sarangarh-Bilaigarh was affirmed. The learned Chief Judicial Magistrate, Sarangarh-Bilaigarh has dismissed the application filed by the petitioner under Sec. 451 of Cr.P.C. for grant of interim custody of the Pick up vehicle bearing registration No. CG-13-AR-4830 which has been seized in the offence of Crime No. 178/2024 registered at P.S. Sarangarh for the offence under Ss. 4, 6, 10 and 11 of Chhattisgarh Agricultural Cattle Preservation Act, 2004 ( in short "the Act of 2004").

(2.) The brief facts of the case are that on 07/03/2024, the complainant Satish Yadav who is the General Secretary of Gau Seva Samiti, Sarangarh along with his other co-workers intercepted the said Pick up vehicle at VillageKotari, Basin Road which was found carrying 09 cows towards Orissa. The 05 cows were released in a safe place and 04 cows were taken to Police Station and kept in Kamlajhar Gaushala. The Police has registered the offence against the accused Laxmi Narayan Sahu, Baleshwar @ Bablu Yadav and Bhesh Kumar Yadav and after investigation, final report for the offence under Sec. 4, 6, 10 and 11 of the Act of 2004 have been filed before the learned Chief Judicial Magistrate, Sarangarh.

(3.) During the pendency of the trial, the present petitioner had filed an application under Sec. 451 of Cr.P.C. for grant of interim custody of the seized Pick up vehicle bearing registration No. CG-13-AR-4830 which was dismissed vide order dtd. 06/04/2024 on the ground that there is a bar in the statute to release the vehicle within the period of six months from the commission of the offence and the said vehicle is liable to be confiscated.