ISMAIL 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 02/04/2019 passed by the First Additional Sessions Judge, Khargone, in Criminal Revision No.112/2015 whereby the order dated 31/03/2015 passed by Commissioner (Revenue) Indore, in Criminal Appeal No.42/Appeal/Govansh Vad/2014-2015 has been affirmed, by which the Commissioner dismissed the appeal on the grounds of delay and maintained the order of confiscation of the vehicle No. MP 09 GE 6334 dated 07/05/2014 passed by the District Magistrate, Khargone in case No.26/Dandik/Vividh/2012-13.

(2.) Brief facts of the case are that Eicher loading vehicle no. MP 09 GE 6334 belonging to the present applicant was intercepted and on searching it was found that 19 cow progeny were being transported in the vehicle in a cruel manner. Driver of the vehicle Devkaran was arrested and crime No.98/2013 was registered at Police Station Balakwada, District Khargone for offence under Section 4,6,9 of Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 (for brevity 'Adhiniyam, 2004') read with Section 10, 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 before the Court of Judicial Magistrate First Class, Kasrawad, District Khargone and the trial commenced. On 13/05/2015, the Judicial Magistrate convicted the applicant for offence under Sections 11(D) of 'the Act, 1960' read with Section 6/9 of 'Adhiniyam, 2004' and sentenced to undergo 1 year R.I. with fine of Rs.5000/- and usual default stipulation. Against this order the applicant preferred an appeal No.799/2015 and vide order dated 13/02/2019, the applicant was acquitted from the instant case.

(3.) In the meantime, Police informed the District Magistrate about the incident so that the process of confiscation of the vehicle would start. The applicant filed an application for supurdginama of the aforesaid vehicle before the criminal Court, which was released on interim custody on 13/06/2013. The District Magistrate on 07/05/2014, passed the order of confiscation of the vehicle against which an appeal has been preferred before the Commissioner, Indore, however, the same was dismissed on the ground of delay in filing the appeal vide order dated 31/03/2015. The said order was challenged in the revision petition filed before the Sessions Court, which was also dismissed by First Additional Sessions Judge, Khargone vide order dated 02/04/2019. Being aggrieved by the aforesaid order, the applicant has preferred this petition under Section 482 of 'the Code' for quashment of the impugned orders passed by the Courts below.