DOSUKHAN SAMDAKHAN SINDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners, claiming to be cattle breeders engaged in the business of breeding and trading sheep and goats from Rajasthan, have approached this Court to challenge the order dated 05. 07. 2008 of learned Additional Chief Judicial Magistrate, Deesa in Criminal Misc. Application No. 296 of 2008 whereby the application for returning their sheep and goats was rejected, but the cattle were ordered to be taken back from Rajpur-Deesa Panjrapole and to transfer them to any other panjrapole outside the district of Banaskantha. The parties having agreed and requested for final hearing and disposal of the matters, they are admitted and service of Rule is dispensed with.

(2.) ACCORDING to the petitioners, petitioner No. 6 was transporting from Sanjar in Rajasthan to Ahmedabad the petitioners' sheep and goats by six trucks after taking permit from the transport authority and for selling them at the market at Ranip in Ahmedabad. The journey started from a point seven kilometres inside Rajasthan and the trucks were driven to Dhanera to Deesa to Palanpur in Gujarat and they were to reach Ahmedabad via Sidhpur and Mehsana and the total distance of about 250 kms. was to be covered in 4 to 5 hours including a break near Nandasan village for feeding the cattle. Around 1515 sheep and goats totally valued at Rs. 30,30,000/- were being so transported in the night of 16. 6. 2008 on National Highway No. 8 when the trucks were stopped in the early hours of 17. 6. 2008 near Palanpur and were taken back towards Deesa where they were handed over to Rajpur-Deesa Panjrapole managed by respondent No. 2. The cattle of the petitioners in six trucks alongwith 600 more sheep and goats carried in two other trucks were also seized by the respondents with the help of police and the trucks were forcibly taken to the panjrapole while the drivers of the trucks were arrested. While the trucks were so taken over and driven by the drivers brought by respondent No. 2, one of the trucks over-turned and six goats died on the spot.

(3.) IT is alleged by the petitioners that respondent No. 2 along with his headstrong associates illegally grabbed the consignment of sheep and goats by illegally stopping the trucks near Palanpur and forcing them to be taken to Deesa. It is alleged that not a single sheep or goat had died in the truck but large number of them were shown in the FIR to have died to straightaway appropriate them. It is also alleged that respondent No. 2 had planned the entire operation of looting the trucks and the local police at Deesa were working hands in glove in tandem. Therefore, one of the petitioners had filed the complaint with Superintendent of Police at Palanpur on 17. 6. 2008 itself about forcible and violent taking over of the trucks and the cattle along with Rs. 500 by respondent No. 2. A regular criminal case was filed by that petitioner in the Court of learned Chief Judicial Magistrate, Palanpur and it was registered as Criminal Inquiry No. 237 of 2008 on 18. 6. 2008 for the offences punishable under sections 395, 506 (2), 427 and 34 of IPC. It is, inter alia, alleged in the complaint that the persons accused therein, including respondent No. 2, had, with the help of police, taken over the trucks and beaten the drivers while thousands of rupees carried on the trucks were looted. According to the complaint, sheep and goats worth Rs. 45,48,000/- and cash of Rs. 1,11,000/- were looted by the accused persons. Learned Chief Judicial Magistrate has made an order below the complaint directing the District Superintendent of Police of Palanpur to make a report within seven days about investigation conducted pursuant to the earlier complaint dated 17. 6. 2008 of the complainant.