RAHULBHAI RATANBHAI PALASH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule for the respondent State.

(2.) What is challenged in the present writ petition under Articles 226 & 227 of the Constitution of India is the order dated 13.10.2020 passed by learned 2nd Additional Sessions Judge, Dahod as well as the order dated 6.7.2020 passed by learned Chief Judicial Magistrate, Dahod rejecting the prayer of handing over the muddamal vehicle having its registration No. GJ-20 X 0704 in connection with the FIR being II C.R.No.138 of 2019 registered with Dahod Town Police Station for the offence under the provisions of Gujarat Animal Preservation Act ( 'the Act' for short). Being aggrieved by the same, the petitioner has preferred the present petition under Article 227 of the Constitution of India.

(3.) It is contended by learned advocate for the petitioner that learned trial Court as well as revisional Court have not handed over interim custody of the vehicle in question in view of the provisions of the Act pending the trial. It is, therefore, requested that appropriate directions should be given to the concerned Magistrate/Trial Court who is dealing with such questions to hand over such vehicle to its owner or to the person from whom the said vehicle is seized by taking appropriate bond/guarantee/solvent surety for the return of the said vehicle if required by the Court at any point of time.