IBRAHIM MALUKABHAI SETHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, particularly supervisory jurisdiction and under the provisions of Sections 451, read with Section 482 of the Criminal Procedure Code, 1973 seeking to quash and set aside the order dated 23.7.2020 passed by the learned JMFC, Songadh which is confirmed by order dated 19.09.2020 passed by the learned Sessions Judge, Tapi at Vyara in Criminal Revision Application No. 24/2020 and to release the muddamal vehicle Eicher Tempo, bearing RTO registration No. GJ-19-U-2199 in connection with the FIR being II-C.R. No. 44 of 2017, registered before the Songadh Police Station, District - Tapi for the offence punishable under Sections 11(d)(e)(f)(h) of the Prevention of Cruelty to Animals Act, 1960 and under Rule 46 to 56 of the Transort of Animal Rules, 1978 and under Rule 96, 97, 98 of the Transort of Animal Rules, 2001 as well as under Sections 3(1), 5, 7, 8, 9 and 10 of the Bombay Animal Preservation Act and under Sections 4 and 9 of the Gujarat Essential Commodities and Cattle (Control) Act, 2005 as well as under Section 2 of the Gujarat State Control of Cattle Transport Rules, 1975 and under Rule 125(e) of the Central Motor Vehicle Rules, 2011 (11th Amendment).

(2.) Heard learned advocate Mr. Mohit Pathak for the petitioner and learned APP Ms. Maithili Mehta on behalf of the respondent - State video conference.

(3.) It is the case of the petitioner that he is the owner of the muddamal Eicher Tempo in question. It is further the case of the petitioner that the learned Courts below have rejected the release of muddamal applications and if the muddamal vehicle would lie at the police station for more time, there will be physical damage to it and therefore, interference of this Hon'ble Court is required in the interest of justice.