MUNSHI Vs. STATE OF M P

JUDGEMENT

(1.) THE short question which is involved in this petition is only this that whether a condition of depositing value of the catties in cash can be imposed while handing over the catties in temporary custody under Sections 451 and 457 of the Cr. PC.

(2.) LEARNED Counsel for the petitioners submitted that Additional sessions Judge, Mandsaur allowed the Criminal Revision Nos. 275/07 and 278/07 moved by the present petitioners for temporary custody of the catties to be handed over to the present petitioners but at the same time has also imposed a condition that Rs. 3000/- for each cattle should be deposited by the present petitioners in the Court in cash. He submitted that this condition is quite harsh and it is not possible for the petitioners to comply this condition and to deposit the entire amount in cash. He submitted that in a subsequent order which has been passed regarding temporary custody of some other catties, which were seized in the same crime, such condition was not imposed and therefore the order impugned is discriminating and is liable to be quashed. He has drawn attention of this Court towards the order dated 22-9-07 passed in Criminal revision No. 286/07 by Third Additional Sessions Judge, Mandsaur.

(3.) IT appears that Crime No. 220/07 has been registered by police YD nagar, Mandsaur in respect of the same catties and the catties were seized and offence was registered under different sections of Madhya Pradesh Krishi Pashu parikshan Adhiniyam, Madhya Pradesh Gowansh Pratishedh Adhiniyam as well as Prevention of Cruelty on Animals Act, etc. Present petitioners claimed temporary custody of the catties on the ground that they are the rightful owners. Earlier their application was dismissed by Court of Judicial Magistrate First class and criminal revision preferred by them was allowed and the catties were ordered to be given in temporary custody to the present petitioners. In that order of temporary custody the condition which has been challenged in this petition has been imposed.