RAVINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for quashing/setting aside the order dtd. 2/9/2021 passed by the Additional Sessions Judge, Yamuna Nagar vide which the application for releasing the vehicle Tata Ace bearing registration No.HR-58-A-3490 on Superdari in case FIR No.149 dtd. 22/5/2021 under Sec. 13(1)(2) of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 (for short "the Act'), registered at Police Station Partap Nagar, Distirct Yamuna Nagar has been dismissed.

(2.) Brief facts of the case are that on the basis of secret information that the petitioner is indulged in the transportation of cows and supplying the same to one Sajid. On the basis of statement of complainant Anand Sharma, a member of Gau Raksha Dal, the aforesaid FIR has been registered and the Tata Ace vehicle bearing registration No. HR-58-A-3490, in which one cow was found, also taken into possession by the police.

(3.) The petitioner moved an application before the trial Court for releasing the aforesaid vehicle on Superdari. The trial Court gave a notice to the Investigating Officer of the concerned Police Station and in the police report it was admitted that the vehicle was taken into possession in the aforesaid FIR but the release of the same on Superdari was objected on the ground that the confiscation proceedings regarding the vehicle are pending before the Sub Divisional Magistrate (Civil), Bilaspur as Sec. 17 of the Act provides a separate procedure for releasing of the vehicle seized under the Act.