MOHAMMED MATEEN AHAMED Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition under Sec. u/s 528 of BNSS has been filed against the order dtd. 28/2/2025 passed by learned Sessions Judge, Mahasamund (C.G.) in Criminal Revision No.H-09/2025 affirming the order dtd. 28/1/2025 passed by the JMFC, Mahasamund in Criminal Case No.21/2025 whereby the application filed by the petitioner for interim custody of the seized vehicle i.e. Pickup bearing registration No. CG 23 F 4550 was rejected.

(2.) The petitioner is the registered owner of the said vehicle, which he had given to accused Gulam Hussain on rent for 11 months from 5/11/2024 to 5/10/2025, for which an agreement was also executed between them. On 10/11/2024, the said vehicle was found cruelly transporting 6 cows from Mahasamund (CG) to Orissa. Hence, the vehicle was seized by the police and a case was registered for the offence under Ss. 4, 6, 10 of the Chhattisgarh Agricultural Cattle Preservation Act and Sec. 11 of the Prevention of Cruelty to Animals Act in Crime No. 182/2024 at Police Station Patewa, District Mahasamund.

(3.) An application was moved by the present petitioner before the JMFC, Mahasamund for releasing the seized vehicle on Supurdnama which was rejected vide order dtd. 28/1/2025 on the ground that the vehicle was seized on 11/11/2024 and as per Sec. 6 (3) Chhattisgarh Agricultural Cattle Preservation Act, 2004 (for short, "the Act of 2004"), there is no provision for releasing the seized vehicle on Supurdnama before six months from the date of seizure. Against the said order of the trial Court, the petitioner preferred a criminal revision before the Sessions Judge, Mahasamund which was rejected vide impugned order dtd. 28/2/2025 affirming the order of the trial Court. Hence, this petition.