MOIN Vs. STATE OF M.P.

JUDGEMENT

(1.) This application under Sec. 482 Crimial P.C. is directed against the order passed by the learned Additional Sessions Judge, Dhar in Criminal Revision no.82/16 dated 06.05.2016, whereby the learned Additional Sessions Judge, confirmed the order passed by the learned Judicial Magistrate First Class, Manawar dated 02.02.2016 in which learned Magistrate dismissed an application filed by the present applicant under Sections 451, 457 of Cr.P.C.

(2.) The brief facts are that the present applicant is registered owner of vehicle bearing registration number MP-09-HF-7346. This vehicle was seized by police station Manawar in Crime No.595/2014 under Sec. 11(C) of the Prevention of Cruelty to Animals Act, Sections 4,5,6 and 9 of the M.P. Govansh Vadh Pratishedh Adhiniyam and Sec. 429 of IPC. It is alleged that cow progeny was being transported in this vehicle under cruel conditions for slaughter. When the vehicle was checked, one animal was found dead and it was also found that number plate of the vehicle was changed. The original number was MP-09-HF-7346, while the vehicle was being plied with some another number plate.

(3.) Learned Judicial Magistrate dismissed the application filed under Sections 451, 457 of Crimial P.C. for obtaining the interim custody of the vehicle on the ground that the proceedings for confiscation of the vehicle was in progress and therefore, it was not deemed proper by the Magistrate to release the vehicle on interim custody.