AMARNATH Vs. STATE OF M P

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter is heard finally.

(2.) This application under Section 482 of Cr.P.C. is directed against the order dated 28.04.2015 passed by First Additional Sessions Judge, Burhanpur, in Criminal Revision No.50/2015, arising out of order dated 08.04.2015, passed by Judicial Magistrate, First Class Burhanpur in Criminal Case No.3803/2015, dismissing the application of the applicant filed for granting Supurdginama of Container(Ashok Leyland) being Registration Number HR 38 Q 6145.

(3.) As per the prosecution case, the alleged vehicle of the applicant was seized due to illegal transportation of cattle. Thereafter, a criminal case punishable under 4, 6 & 9 of M.P. Gow Vansh Vadh Pratishedh Adhiniyam and Section 11 (Gha) of Pashu Krurta Sanrakshan Adhiniyam was registered against the accused person. The applicant has filed an application under Section 451 of the Cr.P.C. for releasing the offending vehicle on interim custody on Supurdginama, which has been dismissed by learned Magistrate. The revision petition filed by the applicant was also rejected by the Revisional Court, hence this petition. Learned counsel appearing for the applicant has contended that the Revisional Court as well as learned Magistrate while passing the impugned orders have failed to exercise its jurisdiction vested with them and committed grave error of law in holding that the aforesaid vehicle cannot be given on Supurdginama as the vehicle was being used in a heinous offence of slaughtering of cattle. It is further submitted that if the seized vehicle be kept for a long time in open space, it will be damaged by vagaries of weather.