SARVAN AND ANOTHER Vs. STATE OF M.P.

JUDGEMENT

(1.) This application under section 482 of Crimial P.C. is directed against the order passed by learned 11th Additional Sessions Judge, Ujjain in Criminal Revision No.94/2014 dated 30.12.2014.

(2.) The facts giving rise to this application are that on 27.09.2012 about about 12:05 am, the Incharge of Police Station - Jeeran, received a source information that in vehicle bearing registration No.MP-44-LA-0302, three cows and one calf were being transported towards Dhulia for slaughtering them. The vehicle was intercepted on Neemuch Mandsaur Highway in front of Harkiya Khal police post. When the vehicle was searched, three cows and one calf were recovered from the vehicle. During investigation, the vehicle and the cow progeny were seized. Learned District Magistrate, Neemcuh was intimated about the seizure who passed the order dated 17.02.2014 by which the vehicle and the cow progeny were ordered to be confiscated. Against this order, present applicants filed an appeal before the Commissioner, Ujjain, which was also dismissed by order dated 17.02.2014 and against this order, the revision was filed which was disposed of by learned 11th Additional Sessions Judge by the impugned order.

(3.) Aggrieved by this order, present application is filed placing reliance on the judgment of this Court in the case of Raees Vs. State of MP reported in 2013(5) MPHT 233 in which it was held that while the confiscation proceeding was going on, the vehicle may be handed over on interim custody under section 451 of Cr.P.C.