ABDUL VAHAB Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this present petition under Section 482 of Code of Criminal Procedure, 1973 (for brevity 'The Code'), against the order dated 28/12/2018 passed by the Third Additional Sessions Judge, Ujjain, in Criminal Revision No.211/2018 whereby the order dated 22/09/2018 passed by Commissioner Ujjain, in Criminal Appeal No.1190/Appeal/2017-2018 has been affirmed, by which the Commissioner maintained the order of confiscation of the vehicle No. MP 09 GF 2159 dated 09/08/2017 passed by the Collector Agar, Malwa in case No.44/2016.

(2.) Brief facts of the case are that Eicher loading vehicle no. MP 09 GF 2159 belonging to the present applicant was intercepted and searched and it was found that 17 cow progeny were being transported in the vehicle. Driver of the vehicle Surendra and one another person Nazir who was sitting in the vehicle were arrested and crime No.102/2013 was registered at Police Station Kannad, District Agar Malwa for offence under Section 4,9 of Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 (for brevity 'Adhiniyam, 2004') read with Section 11(D) of The Prevention of Cruelty to Animals Act, 1960 (for short 'the Act, 1960'). After completion of investigation, charge-sheet has been filed.

(3.) After completion of the trial, the Judicial Magistrate First Class, acquitted the accused persons from the alleged offence even then the concerned District Magistrate passed the order of confiscation of the vehicle against which the present applicant has preferred an appeal before the Commissioner Ujjain, and same was dismissed vide order dated 22/09/2018. The said order was challenged in the revision petition filed before the Sessions Court, which was also dismissed by 3rd Additional Sessions Judge, Ujjain by the impugned order. Being aggrieved by the aforesaid order, the applicant has preferred this petition under Section 482 of 'the Code' for quashment of the order by which the vehicle no. MP 09 GF 2159 has been directed to be confiscated.