YUNUSBHAI IBHUBHAI SAIYED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Learned APP waives service. Considering the short dispute involved in the matter, the petition is taken up for final hearing by consent of the parties.

(2.) THE petitioner has assailed the order dated 22.7.2013 passed by learned 2nd Additional Sessions Judge, Rajula declining to hand over muddamal truck owned by the petitioner, which was found to have been involved in the offence under Prevention of Cruelty to Animal Act, 1960, wherein admittedly the petitioner is not an accused. The only basis on which the impugned order came to be passed was the repetition of the offence and involvement of the same truck in that offence. While the first offence was registered at Khambha, in the present case, he has not been attributed with any offence under the aforesaid Act.

(3.) IN light of the aforesaid observations, it is very clear that no useful purpose is going to be served in keeping the truck idle for years to come during trial. Only achievement in such circumstances would be that the truck get deteriorate, exposing the State to compensation; thus wastage of public money. Under the circumstances, there is a considerable force in the submissions made by learned counsel for the petitioner that being an owner, he is entitled to receive the possession of the truck on the terms and conditions as prescribed below.