IMRAN QURAISHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition under Section 482 of CrPC has been filed seeking for releasing of a TATA Truck, bearing Registration No. UP85- Q/9321, on Supurdnama.

(2.) Facts of the case in brief are that the above referred Truck was found to be involved in carrying five cows and twenty calves for slaughtering purpose to Nagpur. The said Truck was seized by the Police Station, Kumhari, District Raipur, on 14.7.2013 and since then it is in the custody of the said Police Station in connection with Crime No. 119 of 2013 registered under Sections 4, 6, 10, 11 of the Chhattisgarh Agriculture Cattle Preservation Act, 2004. An application was moved by the Petitioner under Section 451 of CrPC for releasing of the seized Truck on Supurdnama which was rejected by the Judicial Magistrate First Class, Bhilai vide order dated 15.1.2016 in Criminal Case No. 733 of 2015. The said order dated 15.1.2016 was challenged by the Petitioner before the First Additional Sessions Judge, Durg which was affirmed vide order dated 8.2.2016 of the First Additional Sessions Judge, Durg in Criminal Revision No. 27 of 2016, leading to the filing of the present petition under Section 482 of CrPC.

(3.) Learned Counsel for the Petitioner submits that the Petitioner is a registered owner of the seized Truck and has authorised Shri Babar Khan as a Power of Attorney to get the said Truck on Supurdnama. According to the Petitioner, since the vehicle is lying idle from almost three years no fruitful purpose would be served in case if the vehicle remains idle in the custody of the police personnels exposed to the extreme whether conditions. The vehicle would get decayed day by day and would further deteriorate by passage of time to the extent that it would become unusable after some time and therefore in the interest of justice the vehicle may be released to the Petitioner. He further undertakes to give any sort of conditions required till the finalization of the criminal case or for that matter any other proceedings initiated by the authorities.