REKHUBEN GULEKHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. With the consent of learned advocates appearing for the parties matter is taken up for final hearint today.

(2.) The short facts of the case are that the vehicle of the petitioner was seized by the police in connection with offence vide CR No.II-6/02 registered with the Pathawada Police Station under Prevention of Cruelty to Animals' Act and also under Animals' Protection Act. The petitioner filed the complaint before the Ld.Magistrate for grant of custody of the vehicle. However, the Ld.Magistrate declined the same as per order, dated 1.7.2002. It appears that the petitioner carried the matter before the Ld.Sessions Judge who also, as per order dated 11.5.05, dismissed the said application. Both the courts below mainly declined the custody on the ground that the the truck is used for third time for similar offence and therefore the custody is not given to the petitioner.

(3.) I have heard Mr.Saiyad for the petitioner and Mr.Gohil, Ld.APP for the State.