MOHD ISLAM Vs. STATE OF M P

JUDGEMENT

(1.) The petitioners have filed the revision under Section 397 of the Code of Criminal Procedure being aggrieved by the order dated 31.5.2013 passed by the Court of Additional Sessions Judge Lahar in Criminal Revision No. 100/2013 setting aside the order dated 8.5.2013 passed by the Court of Judicial Magistrate First Class Lahar releasing the seized trucks to the petitioners. Facts in brief of the case are that on 18.04.2013, the Station House Officer, Police Station Damoh on receiving information from an informer that five trucks loaded with calves (cow progeny) are being carried for illegal sale, he along with posse of policemen intercepted the trucks near Kaksi Road mandir of village Fardua and seized three trucks, truck No. UP78/BTO1 28 loaded with 39 calves, truck No. UP77 N 1579 loaded with 33 calves and UP77 N 9154 with 22 calves.

(2.) As per allegation of the prosecution, the cow progeny was loaded mercilessly and there was no space for them to move. On being asked the drivers of the said trucks stated their names to be Mohd. Nasim, Devendra Kumar alias Rajveer and Mohd. Azad, the respondents No. 2, 3 and 4. The said drivers were arrested and the trucks along with calves were also seized. A criminal case bearing Crime No. 49/13 for the offence punishable under Sections 6, 6(a), 3(2), 9 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam (hereinafter referred as to 'the Act') and under Sections 11(d)(f) and (o), 26 of the Prevention of Cruelty to Animals Act was registered. Later the said accused were released on bail by the Court of Learned Judicial Magistrate First Class.

(3.) The petitioners have submitted that they are the owner of the said trucks they applied for releasing and handing over the said trucks on supardagi before the learned Magistrate. The learned Magistrate was pleased to allow the application and it was ordered vide order dated 8.5.2013 that the said trucks be given in Supurdagi to the petitioners on their furnishing sureties and supurdginama. On that very day the petitioners furnished surety and supurdginama before the learned Magistrate and learned Magistrate ordered the police station Damoh to hand over the said trucks to them.