AZHAR HUSAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dated 02.01.2019 (Annexure P5), passed by the District Magistrate, Jind as well as dated 11.06.2018 (Annexure P-3), passed by the Sub-Divisional Judicial Magistrate, Jind, vide which the application for releasing the vehicle No.HR-38-L-0039 on superdari and the revision against the order dated 11.06.2018 in FIR No.35 dated 17.01.2018 under Section 13(1) of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 registered at Police Station City Jind, have been dismissed.

(2.) Learned counsel for the petitioner submits that the vehicle in question is a commercial vehicle and it is the only source of the livelihood of the petitioner and the same is in possession of the police since 17.01.2018. It is further submitted that since the said vehicle is lying unused, it will outlive its utility with the passage of time.

(3.) Learned counsel for the petitioner has relied upon order dated 14.11.2017 passed by this Court in CRR-4013-2017, vide which, in similar circumstance, this Court has ordered for release of the vehicle on superdari. The operative part of the order is reproduced below: