WAKEEL KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This application under Section 482 of Cr.P.C. has been filed challenging the order dated 18-11-2015 passed by 9th A.S.J., Jabalpur in Criminal Revision No. 269/2015 upholding the order dated 23-6-2015 passed by Divisional Commissioner, Jabalpur in Appeal No. 178/B-121/14-15 thereby affirming the order dated 27-8-2014 passed by Collector, Jabalpur, by which the truck No. MP 09 HF 7723 was directed to be confiscated under Rule 5 of M.P. Govansh Vadh Pratishedh Rule, 2012.

(2.) The necessary facts for the disposal of the present application in short are that the truck No. MP 09 HF 7723 was searched by the police on 7-3-2014 and it was found that the cattle were being transported illegally in a most cruel manner. Therefore, an offence under M.P. Govansh Vadh Pratishedh Adhiniyam, 2004 was registered against Mohsin and Santosh who were arrested. It was also found that the truck was being plied in utter violation of the different provisions of Motor Vehicles Act, therefore, an offence under Sections 5/180, 66/192 of Motor Vehicles Act was registered against the applicant.

(3.) Proceedings were initiated for confiscation of the truck No. MP 09 HF 7723 under Rule 5 of M.P. Govansh Vadh Pratishedh Rules, 2012 and a show cause notice was issued to the applicant, which was suitably replied by the applicant. An application under Section 451 of Cr.P.C. was filed before the Magistrate for release of the Truck on supurdaginama, which was allowed and the J.M.F.C., Narsingpur, directed for release of vehicle on supurdagi.