RAJIQ QURESHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner has preferred this CRMP under Sec. 482 of the Code of Criminal Procedure (in brevity Cr.P.C.) for quashing the order dtd. 1/7/2014 passed by 2nd Addl. Sessions Judge, Rajnandgaon (CG) in Cri. Revision No. 72/2012 arising out of judgment dated 19-9- 2012 passed by the JMFC, Ambagarh Chowki, Rajnandgaon whereby and whereunder he ordered that offending vehicle truck No. CG 04 JA 9209 be confiscated in favour of the State Government, and offending vehicle may be released on supurdnama to him.

(2.) In brief respondent's case is that accused Shekh Salim was facing trial for the offences punishable under Sec. 10 of the CG Agricultural Cattle Preservation Act, 2004, Sec. 11(d) of Prevention of Cruelty to Animal Act, 1960, and Sec. 66/192 of the Motor Vehicles Act, in Criminal Case No. 232/2012 in the Court of JMFC, Ambagarh Chowki Distt. Rajnandgaon. The offending vehicle was Truck No. CG 04 JA 9209. On 19/9/2012, JMFC Ambagarh Chowki convicted and sentenced accused Shekh Salim for aforesaid Sec. of aforesaid Acts. JMFC Ambagarh Chowki also ordered that said vehicle be confiscated in favour of the State Government. The orders of both the Courts are in accordance with law. No grounds are made out for interference by this Court under Sec. 482 of the Cr.P.C.

(3.) Counsel for the petitioner submitted that the order of the revisional Court is patently illegal as he had not got opportunity of hearing before confiscation of the truck. Without his knowledge the accused was transporting cattle in the vehicle.