KALUSINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard. Case diary perused. The applicant by the instant application under section 482 of Cr.P.C., 19731973, has challenged the order dated 15.1.2018 passed by the First Additional Sessions Judge, Alirajpur in Cri.R.No.32/2017, whereby learned Judge has dismissed the revision petition preferred by the applicant against the order dated 24.11.2017 passed by the Chief Judicial Magistrate, Alirajpur dismissing the prayer of the applicant for releasing the truck bearing registration No. M.P. 09 GF 9750 seized in crime No.185/2017 for offence under Sections 4, 5, 9 of M.P. Govansh Vadh Pratishedh Adhiniyam, 2004 and under Section 11-D of Prevention of Cruelty to Animals Act, 1960.

(2.) Brief facts of the case in nutshell are that the Police seized a truck bearing registration No. M.P. 09 GF 9750, while transporting the alleged cow progeny, for the purpose of slaughtering to Maharashtra. The Police registered a crime No.185/2017 at Police Station Sondwa District Alirajpur, seized the aforesaid truck and the confiscation proceedings were started by the District Magistrate.

(3.) The applicant filed an application under section 451 of Cr.P.C., 1973 for interim custody of the truck on the ground that he is the registered owner of the vehicle and the cows, which were legally transported for agricultural ancillary purposes. Both the Courts below have rejected the application on the ground that confiscation proceeding has been started by the District Magistrate. However, the order passed by both the Courts below is in conformity of law. It is submitted as per the Adhiniyam of 2004, the power of confiscation has been conferred to the District Magistrate under Section 11(5) in a manner prescribed by law, but the jurisdiction of the criminal Court to grant interim custody of the property pending trial has been ousted. Therefore, the impugned order may be set aside and direction to release the interim custody of the vehicle may be issued during the trial.