VASHARAMBHAI GHELABHAI BHUNDIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of learned advocates on both the sides, the matter is heard today finally.

(2.) By way of this petition under Sec. 451 read with Sec. 482 of the Criminal Procedure Code, 1973, the petitioner has prayed to quash and set aside the order dtd. 1/1/2020 passed by the Court of learned Addl. Chief Judicial Magistrate, Morbi in Muddamal Application below Exhibit-1 filed in connection with the complaint being C.R. No. II - 506 of 2019 registered with Morbi Taluka Police Station under Ss. 5, 8 and 10 of the Gujarat Animal Preservation Act, 1954 (for short, "the GAP Act"), Ss. 11(1)(a) , 11(1)(b) , 11(1)(c) , 11(1)(e) , 11(1)(h) and 11(1)(k) of The Prevention of Cruelty to Animal Act , 1960 (for short, "the PCA Act "), Sec. 119 of the Gujarat Police Act, Ss. 177 and 123 of the Motor Vehicles Act and Ss. 8 & 9 of The Carriage By Road Act, as also the order passed by the Court of learned 2 nd Addl. Sessions Judge, Morbi in Criminal Revision Application No.12 of 2020 whereby, the said revision was dismissed and the order dtd. 1/1/2020 came to be confirmed; and to direct release of the muddamal vehicle - Ashok Eicher Pro Truck bearing registration No. GJ-33-T-9972, on suitable terms and conditions.

(3.) Learned advocate Mr. T. J. Jani for the petitioner submitted that the petitioner is the registered owner of the vehicle bearing registration No. GJ-33-T-9972 and is into the business of transportation. The said vehicle was intercepted by the complainant and six cows and five claves were found in the said vehicle. It was alleged that the said animals were transported in a cruel manner, without any basic facility and, therefore, FIR being II-CR No.506 of 2019 was registered with Morbi Taluka Police Station, Morbi. The petitioner urges that the vehicle is the only source of livelihood of the petitioner and if the same remains idle, its condition shall deteriorate and later, it would not be of any use.