SHEIKH KALIM Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition is filed under Section 482 of CrPC against the order passed by the 12th Additional Sessions Judge in Cr. R. No.948/2014 on 21.01.2015 whereby he has affirmed the order passed by the Commissioner, Indore in Cr. Appeal No.39/2013-14, by which Commissioner, affirmed the order of confiscation of the vehicle passed by the Collector, Burhanpur.

(2.) On 21.06.2013, Shri Anand Tiwari, A.S.I., Police Station, Ganpati Naka, Burhanpur on the basis of secret information intercepted a Bolero Pick-Up No.MP12-GA- 0924 and on checking it was found that 11 cow progeny were being transported in the vehicle. The cattle were being taken for slaughtering purpose to the State of Maharashtra. Nitesh and Bablu were driver and cleaner of the vehicle. They were not having valid license for transporting the cattle. The vehicle and the cattle were seized and Crime No.148/13 for the offence under Section 4, 6 and 9 of Govansh Vadh Pratishedh Adhiniyam, 2004 (in brief Adhiniyam) and Section 11(d) of Prevention of Cruelty to Animals Act, 1960 has been registered. After completion of the investigation final report has been filed against Nitesh @ Santosh and Bablu. After trial in Criminal Case No.1292/2013 JMFC, Burhanpur vide judgment dated 21.03.2014 acquitted the accused persons, whereas as per the provisions of Section 11 (5) of Adhiniyam the District Magistrate after making inquiry found that there is a violation of Section 4, 5, 6, 6-A of the Adhiniyam and thus confiscated the vehicle. Against that order of confiscation, petitioner who is the registered owner preferred an appeal to the Divisional Commissioner, Indore which has been dismissed thereby affirming the order of Collector. Against that order as per the provisions of Section 11-B petitioner filed a Revision before the Sessions Court which affirmed the order of the Divisional Commissioner. Being aggrieved the petitioner filed this petition.

(3.) Learned Counsel for the petitioner submits that the courts below have not considered the fact that at the time of incident the applicant was not found in the vehicle and there is no evidence that in connivance with the applicant cattle were illegally being transported. During trial the prosecution has failed to prove the charges against the driver and cleaner, therefore, learned Magistrate has acquitted them from all the charges, thus, there is no evidence that at the time of incident the vehicle was used for the purpose of illegal transportation of the cattle. The petitioner is a registered owner of the vehicle, therefore, he is entitled for the custody of the vehicle. The orders passed by the courts below are contrary to the settled principles of law, thus, the petition be allowed and it be directed that the custody of the vehicle be handed over to the petitioner. Learned Counsel for the petitioner further submits that the vehicle cannot be confiscated by the Collector so long as criminal case is pending but the learned Collector has passed the order of confiscation before the conclusion of the trial. For this purpose he placed reliance on the judgment of this Court in the case of Premdas V/s. State of M.P. 2013 (1) MPJR SN 10..