AKRAM MANSURI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) WITH the consent of the parties, heard on the petition filed under Section 482 of Cr.P.C. By this petition under Section 482 of Cr.P.C., the petitioner is praying for quashment of order dated 25/09/2013, passed by 1st Additional Sessions Judge, Dewas in Cri. Rev. No. 116/13 whereby learned Revisional Court affirmed the order of the learned JMFC, Dewas in Criminal Case No. 639/13 dated 11/09/13 by which prayer for interim custody of Mahindra Pickup bearing Registration No. MP -09 -GF -5844 in question has been rejected.

(2.) IT is submitted by the learned counsel for the petitioner that the petitioner is registered owner of Mahindra Pickup bearing Registration No. MP -09 -GF -5844. The aforesaid Mahindra Pickup has been implicated in Crime No. 639/13 registered under the provision of Section 11(6) and Sections 4, 6, 6(B) and 9 of M.P. Vadh Govansh Pratished Adhiniyam, 2004 and under Section 11(d) of Prevention of Cruelty to Animals Act, 1960. He also drew my attention to the impugned judgment and submitted that the revision was dismissed merely on the ground that Authorized Officer where the confiscation proceeding is going on is competent to pass an interim order. He submitted that question involved in this petition has already been settled by this Court in the case of Raees v. State of M.P., reported in : 2013 (5) M.P.H.T. 233.

(3.) ON the other hand, learned Panel Lawyer opposed the prayer and submitted that once the proceeding for confiscation has started by the learned Magistrate then no order for interim custody be passed. On due consideration of the arguments of the learned counsel for the parties and considering the fact that question involved in this petition has been already decided by order dated 4.7.2013 in the case of Raees (supra) and in view of the discussions made herein above, the petition filed by the petitioner is allowed. The order impugned passed by the JMFC and the Revisional Court are hereby set aside. It is directed that on furnishing the Supurdginama by the applicant to the sum of Rs. 7,00,000/ - with one surety in the like amount to the satisfaction of JMFC/CJM concerned, the Mahindra Pickup bearing Registration No. MP -09 -GF -5844 be released subject to complying the following conditions: - -