DHANIRAM S/O. DHURELAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) With the consent of the parties, the matter heard finally at the motion stage itself.

(2.) Brief facts required for the instant Cr.M.P. are that accused Rakesh @ Chandrapal @ Chandrakar @ Chandrabhan Patel is facing trial before the Judicial Magistrate First Class, Mungeli, C.G. under the provisions of Sections 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 ( in brevity 'the Act, 2004) and also under Section 11 of the provision of the Prevention of Cruelty to Animals Act, 1960 (in brevity 'the Act, 1960). During the investigation, police seized vehicle bearing No. CG 04 ZD 4952. Trial is going on. The petitioner/owner of the said vehicle had filed an application for the interim custody of the said vehicle on Supurdnama. The said application was rejected on 21-04-2015 holding that the minimum period required, i.e., 6 months from the date of such seizure is not expired. Thereafter, again the petitioner had filed a repeat application for the interim custody of the said vehicle. The learned trial Court vide its order dated 14-08-2015 held that as per provisions of Section 6 Sub-section 3 of the Act, 2004, the vehicle so seized shall not be released by the order of the Court on bond or surety before expiry of six months from the date of such seizure or till the final judgment of the court, whichever is earlier and though the period of 6 months from the date of seizure has expired but, as the property in question is liable for confiscation, hence, the trial Court refuse to grant the interim custody to the petitioner.

(3.) On the other hand, by filing the reply to the instant Cr.M.P. the respondent/State opposed the petition.