MOHD. ASIM Vs. STATE OF MADHYA PRADESH.

JUDGEMENT

(1.) Petitioner/applicant has filed this Criminal Revision under Section 397 read with Section 401 of Cr.P.C., to set aside the order dated 1.8.2018, passed by II Addl. Sessions Judge Burhanpur, in S.T.No.17/2018, whereby learned Addl. Sessions Judge refused to release the vehicle bearing registration No.HR-61-B/0783 on Supurdginama to the petitioner/applicant.

(2.) As per prosecution, on 14.3.2018, cow progeny were transporting for slaughter. Police official seized the vehicle bearing registration No. HR-61-B/0783 with cow progeny. Driver was driving the vehicle. Number plate HR-55-U/7545, was affixed on the truck. Two other number plates are also found in the said truck, so it appears that accused person was driving the truck bearing registration No. HR-61-B/0783 by changing number plates. In the said truck 56 cow progeny were seized and one cow was found dead. Case was registered against the petitioner/applicant under Sections 467 of M.P. Govansh Vadh Pratishedh Adhiniyam, 2004 (hereinafter referred to as "the Adhiniyam 2004" for short), Section 11 of the Prevention of Cruelty to Animals Act , 1960 (hereinafter referred to as " Animals Cruelty Act " for short) and Sections 420 , 467 , 468 , 471 and 429 of Indian Penal Code (hereinafter referred to as IPC for short). Intimation was given to Collector Burhanpur for initiating confiscation proceeding of seized truck. Petitioner/applicant filed an application under Section 457 of Cr.P.C. to release the said vehicle, but learned trial Court dismissed the application on the ground that offence is of serious nature and confiscation proceeding has been started.

(3.) Learned counsel for the petitioner/applicant submits that petitioner/applicant is registered owner of container/truck bearing registration No. HR-61-B/0783. The said vehicle was taken on loan from the Finance Company and petitioner/applicant is regularly paying monthly instalments. The said truck is lying in an open place in Police Station and if the said vehicle will not be released on Supurdginama, then the said vehicle will be destroyed. Learned Court below has not considered this legal aspect that finalisation fo the Criminal Case will take long time for its final conclusion. It is held by Hon'ble Apex Court and this Court that once the Criminal Case is pending confiscation proceeding should not be held and finalised. So, learned trial Court gravely erred in rejecting the application of petitioner/applicant to release the vehicle on Supurdginama in favour of registered owner. The applicant is the owner of the said vehicle. He will abide by all the terms and conditions imposed by this Court. He will also not sold and destroy the said vehicle and modify the same, so considering the legal aspect, the order of Court below be set aside and release the container/truck bearing registration No.HR-61-B/0783 to the petitioner/applicant on Supurdginama during the pendency of Criminal trial.