JIV DAYA MANDAL PANJARAPOL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) - By way of this petition under Article 227 of the Constitution of india, the petitioner herein and original respondent has prayed for an appropriate writ, order and/or direction quashing and setting aside the judgment and order dated 21. 11. 2006 passed by the learned Additional sessions Judge, Gandhidham at Kutch in criminal Revision Application No. 60 of 2006 in allowing the same by quashing and setting aside the order passed by the learned judicial Magistrate (First Class), Bhachau by which the learned Judicial Magistrate (First Class) passed an order below application Marks 22,24,19 and 34 directing that muddamal livestock be handed over to the petitioner herein during the pendency and final disposal of the trial arising out of the complaint being CR No. 11-3126 of 2006.

(2.) THE following few facts are necessary for disposal of the present petition:

(3.) TWO Tempoes loaded with 241 sheep and she goats were seized by the Bhaehau police Station for which a criminal complaint being CR No. II-3126 of 2006 came to be registered with Bhachau Police Station against the Respondent Nos. 2 and 3 herein and other accused, for the offences punishable under Sections 5, 6 and 10 of the bombay Animal Prevention Act and under section ll (d) (3) (e) of the Prevention of Cruelty to animals Act for illegally taking livestock of sheep and goats for slaughtering. The Respondent Nos. 2 and 3 herein applied for release of the said livestock before the learned Judicial Magistrate (FC), Bhachau at Kutch and requested to hand over the interim custody of the said livestock to them contending inter alia that they have purchased the livestock and engaged the vehicle bearing GJ-12v-6492 being driven by Abdul fakirmamad Sumar and Tofiq Mamad lakha and handed over 124 she goats and vehicle No. GJ-1t-8000 being driven by one haji Osman Gagada and Hussainsha barkarsha entrusted 117 numbers of she goats and sheep who were carrying the said animals to village Lakhadia. That the learned Magistrate issued notice to the Investigating Officer and the Investigating officer informed the learned Magistrate that the said livestock had been kept with the petitioner Jiv Daya Mandal Panjarapol bhaehau at Kutch and he objected the release of the said livestock in favour of the respondent Nos. 2 and 3.