RAEES Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has challenged the impugned order dtd. 29/10/2021 passed by the IInd Additional Sessions Judge, Mandsaur in Criminal Revision No.23/2021, whereby the revision of the petitioner for releasing the seized vehicle on interim custody was dismissed.

(2.) The brief facts of the case are that on 29/8/2021 police got discreet information from the informer regarding illegal transportation of cattles.Police party reached on the spot and intercepted the pickup vehicle bearing registration No.MP-14-GC-1911 and found that seven cattles being transported in very cruel manner, therefore, police seized the vehicle on the spot along with the cattles and FIR was also registered against the owner of the vehicle/present petitioner which was seized in connection with Crime No. 471/2021 registered at P.S. Y.D.Nagar, Mandsaur for the offences under Sec. 4, 6, 9 of M.P. Gowansh Vadh Pratishedh Adhiniyam, 2004 (for short "Act of 2004") and Ss. 6(a), 6(b), 1, 10, 11 of M.P.Krashak Pashu Parishan Adhiniyam and Ss. 3/181, 146/196 of Motor Vehicles Act.

(3.) During the pendency of the investigation, the petitioner had preferred an application under Ss. 451 and 457 of Cr.P.C. for release of the seized vehicle. The said application was rejected by the trial Court vide order dtd. 2/9/2021 on the ground that the seized vehicle can be used again by the petitioner and confiscation proceeding are likely to be initiated therefore, vehicle cannot be released. Thereafter, a Criminal Revision was preferred against the order of JMFC, but the said revision was also dismissed by the IInd Additional Sessions Judge, Mandsaur vide order dtd. 29/10/2021 giving reference to the order of JMFC and also taking note of the fact that petitioner misused the seized vehicle, therefore, vehicle cannot be released on interim custody.