HUKAMSINH SOMABHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor waives service on behalf of the respondent State. 1. By way of this petition, the petitioner has prayed to quash and set aside the order dated 17.09.2019 passed by the Court of learned JMFC, Jetpur Pavi, District Chota Udepur in Criminal Misc. Application No.43 of 2012; as also the order dated 20.11.2019 passed by the Court of learned Additional Sessions Judge, Chota Udepur in Criminal Revision Application No.40 of 2019; and to order release of the vehicle bearing registration No. GJ-16-X-6922 belonging to the petitioner.

(2.) The facts in brief are that the petitioner is the registered owner of the muddamal vehicle being a Truck bearing registration No.GJ-16-X-6922, which came to be seized in connection with the offence registered on 04.08.2019 vide C.R. No. II-12 of 2019 with Karali Police Station for the offences punishable under sections 6(a), 6-A(4), 6A(3) and 8 of the Gujarat Animal Preservation Act and sections 11(1)(a) , 11(1)(d) , 11(1)(e) , 11(1)(f) , 11(1)(h) and 11(1)(k) of the Prevention of Cruelty to Animal Act , 1960.

(3.) Mr. Makbul Masuri, learned advocate for the petitioner, submitted that pursuant to the registration of the complaint, the muddamal vehicle along with seven Oxen which were being transported in the vehicle at the relevant time, came to be seized. It was submitted that the petitioner is the registered owner of the muddamal truck and that the seven Oxen were handed over by "Sri Hari Panjarapol Trust, Jetalpur, Ahmedabad" to the petitioner for its delivery to an agriculturist, named Rathva Najarubhai Devsinghbhai, for carrying out agricultural activities. In support of said submission, learned advocate for the petitioner produced copy of the Certificate dated 04.08.2019 issued by the 'Panjarapol', which is taken on record. It was, accordingly, urged that the cattle were never being transported in the said vehicle for any illegal purpose.