NITESH S/O DHANNALAL Vs. STATE OF MP

JUDGEMENT

(1.) This application under section 482 of Cr.P.C. is directed against the order passed by learned Additional Sessions Judge, Indore in Criminal Revision No.436/2015 dated 28.08.2015.

(2.) The relevant facts for disposal of this case are that the vehicle bearing registration No.MP -43 -G -0842 belonging to the present applicant was intercepted and searched and it was found that 9 cow progeny were being transported in the vehicle. Present applicant was arrested from the spot as owner and driver of the vehicle and co -accused Sheikh Abdul S/o Sheikh Ahmad was arrested being owner of the cow progeny. Crime No.69/2012 at Police Station - Dhangaon, District - Khandwa was registered under section 4, 6, 9 of Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam and section 11(c) of Cruelty against Animals Act was registered. The charge -sheet was filed before the concerning Judicial Magistrate First Class, Khandwa. The vehicle was handed over to the present applicant on supurdaginama by this Court in MCRC No.8764/2012 vide order dated 09.08.2012. The concerning District Magistrate initiated proceedings for confiscation of the vehicle while criminal case was pending before the JMFC, Khandwa. It is alleged that without affording any opportunity of cross examining the prosecution witness, the concerning District Magistrate passed an order of confiscation against which present applicant went in appeal before the Commissioner, Indore which was also dismissed vide order dated 22.05.2015 against which, revision was filed in the Sessions Court, which was decided by the Additional Sessions Judge by the impugned order. The revision was also dismissed.

(3.) Aggrieved by the impugned 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.