IMRANKHAN LIYAKATKHAN PATHAN 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 Ss. 451 and 482 of the Criminal Procedure Code, 1973, the petitioner has prayed to quash and set aside the order dtd. 25/08/2020 passed by the learned Judicial Magistrate First Class, Sojitra, District, Anand below Exh-4 in Criminal Case No.47 of 2020 and the order dtd. 14/09/2020 passed by the learned 4 th Additional Sessions Judge, Petlad in Criminal Revision Application No.14 of 2020; and to release interim custody of muddamal vehicle "Bolero Pick-Up" bearing registration No.GJ-23-AT-0833 in favour of the petitioner, which was seized in connection with the FIR being II-CR No.48 of 2019 for the offence punishable under Ss. 3 , 11(1)(d)(e)(f) of The Prevention of Cruelty to Animals Act , 1960 and Sec. 5(1A), 6A and 8(2) of The Gujarat Animal Preservation Act, 1954, on suitable terms and conditions.

(3.) Learned advocate Mr. S. S. Saiyed for the petitioner stated that the petitioner is the registered owner of the vehicle and is in the business of transportation. The vehicle was intercepted by the complainant and two oxen were found in the 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.48 of 2019 was registered with Sojitra Police Station for the offence as stated above.