IQBAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This miscellaneous criminal case under section 482 Cr.P.C., arises from the confirming order dated 13/09/2019 in Cr. Revision No.69/2019 passed by Fourth Additional Sessions Judge, Khargone whereunder it has dismissed the revision petition. The Judicial Magistrate First Class, Khargone in Cr. Case No.153/2019 vide order dated 13/08/2017 has dismissed the application filed under section 451 Cr.P..C., seeking release of vehicle Mahindra pick up bearing registration No.MP10G0504 allegedly used in transportation of three oxen in violation of the provisions of sections 4, 6 & 9 of Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 (for short, 'the Adhiniyam') and section 11(d) of the Pashu Kruta Adhiniyam.

(2.) The Courts below have regretted on the premise that confiscation proceedings are going on under sub-section (5) of section 11 of the Adhiniyam, 2004.

(3.) Shri Harshwardhan Pathak, learned counsel for the petitioner submits that the controversy involved in this case is covered by the order rendered by the coordinate Bench dated 04/07/2013 in Mis. Cr. Case No.1102 of 2013 (Raees son of Yaqoob Pathan Vs. State of Madhya Pradesh). This Court has ruled that in cases of seizure of vehicle under the Adhiniyam, 2004, the criminal Court has jurisdiction to release the vehicle even if the proceedings for confiscation have commenced.