MANJEET TANWAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Irfan Raza Khan, learned counsel for revisionist, Sri L.D. Rahbhar, learned A.G.A. for the State and perused the record.

(2.) The instant revision has been preferred against the impugned order dtd. 11/11/2021 passed by learned Special Chief Judicial Magistrate, Agra by which the application of the revisionist/applicant for release of Vehicle No. Eicher Canter DL 1 GC 5909 in Case Crime No. 36 of 2021, under Ss. 3/5A/8 Prevention of Cow Slaughter Act, Police Station- Saiyan, District- Agra was rejected.

(3.) The brief facts necessary for disposal of this case are that on 24/3/2021 Sub-Inspector Virendra Kumar along with his companion Constables Lalit Kumar, Ravi Kant Yadav and Saurabh Kumar and Driver Brij Kumar proceeded from Police Station Sainya vide entry in general diary report no. 27 at about 14:10 hours and were busy in patrolling duty and when they reached at Saiyan crossing they were informed by the informer that a red colour Tata Eicher Canter loaded with banned cow skin was coming from the side of Dhaulpur, Rajasthan to Agra. On the information, Sub-Inspector Virendra Kumar started checking the vehicles by putting barrier near Saiyan Toll for apprehending the aforesaid Canter and tried to take public witnesses, but none agreed to testify, under that compulsion the police party searched each other and no incriminating articles was found from any members of the police party. As soon as the informer saw the red colour Tata Eicher Canter bearing Registration No. DL 1 GC 5909, he pointed out the police party and left from the place, thereafter, the policemen signalled the driver of the aforesaid Canter to stop the vehicle. On seeing the police party, the driver stopped the aforesaid vehicle some distance ahead and started turning back the Canter in a hurry, then the police party convinced that there were definitely some illegal goods in the Canter and they apprehended the driver who told his name as Akash son of Man Singh, resident of Mohalla- Maha Talee Lane, Police Station- Shikohabad, District- Firozabad and present address Tyagi Chaupal near Chhatarpur Temple, Police Station- Mehrauli, New Delhi and he also told that his permanent address is village Jarar, Police Station- Wah, District- Agra and told that he is aged about 24 years. On his personal search, a mobile phone of OPPO company was recovered from the right pocket of his trousers. The IMEI numbers of the phone was obtained as (1) 863885033196312 (2) 863885033196304 and Rs.3100.00and an Aadhar Card in the name of Akash Pratiman Singh resident of Mohalla- Mahteli Gali, Shikohabad, District Firozabad were also recovered from him. On being asked about the reason for turning the vehicle back, he told that the vehicle was loaded with cow skin on which the policemen removed the Tripal and found 145 bundles of cow skin from which smell of rotten meat was coming out and Dr. Mahendra Verma, Veterinary Medical Officer, Saiyan, Agra was asked to come at the spot over phone who came there in no time and after closely checking he told that the bundles of the skin loaded in the Canter is the skin of cow and took three pieces of skin from different bundles for sample which were separately kept in three jars and sealed and sample seal was prepared. The accused Akash could not produce the papers of the vehicle, therefore, the aforesaid vehicle was seized under Sec. 207 of Motor Vehicle Act and the accused was arrested after informing him that his act is punishable under Ss. 3/5Ka/8 of Uttar Pradesh Cow Slaughter (Prevention) Act. The recovery memo was prepared on the spot by Sub-Inspector Virendra Singh and companion police constables and Dr. Mahendra Verma. On the basis of recovery memo, Case Crime No.0036 of 2021, under Ss. 3/5Ka/8 was registered against the accused/Driver Akash, later on who was released by the coordinate Bench of this Court vide order dtd. 31/8/2021 passed in Criminal Misc. Bail Application No. 24517 of 2021 (Akash vs. State of UP).