ALISAR SUBHAN HASANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of respondent-?State.

(2.) It is the case of the petitioner that he is the owner of the aforesaid muddamal vehicle. He had preferred an application for releasing the muddamal vehicle, which came to be rejected by the learned Judicial Magistrate First Class, Bardoli vide order dated 30.05.2019. Therefore, he also had preferred revision, which too came to be rejected by the learned 11th Additional Sessions Judge, Surat at Bardoli, vide order dated 03.06.2019 in Criminal Revision Application No.24 of 2019.

(3.) The case of the prosecution is that while the police personnels were on patrolling, they received a secret information of the accused carrying illegal transportation of animal on his vehicle and when police authorities intercepted the same, on carrying out the search of the said vehicle, its driver was found carrying the cattle without and pass or permit. Therefore, an FIR being II-?C.R. No. 18 of 2018 came to be lodged with Bardoli Police Station, Dist-?Surat Rural under Sections 5, 6, 6(K)1, 6(6)(3), 6(4), 8, 9 and 10 of the Gujarat Animal Preservation Act, 1954, Sections 11 (1) (a) (d) (e)(f) (h) of the Prevention of Cruelty to Animals Act , read with Section 6(1)(3) of the Animal Preservation Act, 2011, read with Section 279 of the IPC, read with Sections 177 and 184 of the Motor Vehicle Act.