KARIMBHAI HAJIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 is preferred seeking following relief/s:

(2.) It is the case of the petitioner that he is the owner of the vehicle being Truck (Tata Motors Ltd.) bearing Registration No.GJ-03-AT-0702 and it is duly registered with the transport department of the Government. He had preferred an application for the release of the vehicle in question, which came to be disposed of by the learned JMFC, Dhrol vide order dated 22.02.2019.

(3.) The case of the prosecution is that on 18.08.2018, while the police personnels were on patrolling, they received a secret information of the vehicle in question carrying animals and when police authorities intercepted the same, on carrying out the search of the said vehicle, its driver was found carrying animals without any pass or permit. Therefore, FIR being C.R. No.II-40 of 2018 came to be lodged with Dhrol Police Station, District Jamnagar for the offence under the provisions of the Gujarat Animal Preservation (Amendment) Act of 2011, Prevention of Cruelty to Animals Act , 1960 and Gujarat Police Act.