MUKESHBHAI RAMESHBHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule on behalf of respondent-State. With the consent of learned advocates on both the sides, the matter is heard finally.

(2.) By way of this petition, the petitioner has prayed to direct the respondent-authority to release the muddamal vehicle being Honda Activa (two wheeler) bearing Registration No. GJ-17-BS-0892, which was seized in connection with the complaint being FIR No.11207002210619 registered with Godhra Town 'B' Division Police Station for the offences punishable u/s.6B and 8(2) of the Animal Preservation Act, Sec. 429 , 506 , 12B and 34 of IPC, Sec. 10 of Animal Cruelty Act r/w. Sec. 199 of M.V. Act.

(3.) Learned advocate for the petitioner submitted that the petitioner is the owner of the vehicle in question. The cattle were transported for agricultural / animal husbandry purposes. However, the muddamal vehicle has been detained only on the presumption that the cattle were being transported for slaughter purpose without any basis. He submitted that if interim custody of the muddamal vehicle is not handed over to the petitioner, it would cause serious prejudice to the petitioner as the condition of the vehicle would get damaged substantially with the passage of time and probably, by the end of trial, the value of the muddamal vehicle may also become 'Nil' as the vehicle is lying under the open sky. It was further submitted that this Court has ordered release of muddamal vehicles in instances under Sec. 98(2) of the amended Act. It was, accordingly, urged that this Court may order release of the muddamal vehicle in exercise of the extra- ordinary jurisdiction under Article 226 of the Constitution of India on suitable terms and conditions. 3.1 Attention of the Court was invited to the judgment of the Apex Court in the case of Sunderbhai Ambalal Desai v. State of Gujarat , AIR 2003 SC 638, wherein the Court has ordered release of muddamal vehicle while lamenting the scenario of a number of vehicles having been kept unattended and becoming scrap within the police station premises or at any other designated places.