MOHAMMAD SADDAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has moved this Court assailing orders dtd. 21/7/2020 and 7/12/2020 (Annexures P-1 and P-2) passed by the authorities under Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 (for short the "Act of 2015").

(2.) Counsel for the petitioner states that petitioner is the owner of a container bearing No.RJ-05-GA-4375 which was impounded in FIR No.166 dtd. 13/5/2020 lodged for offences under Ss. 279, 336 IPC and Ss. 5, 13(2) of Act of 2015. Counsel submits that an application moved before the Judicial Magistrate for releasing the vehicle on sapurdari, on furnishing surety bonds has been rejected vide order (Annexure P-1) and petitioner remained unsuccessful in appeal which has been dismissed by the impugned order (Annexure P-2). Counsel has argued that the vehicle has been confiscated by the authorities without recording their satisfaction that it is being used for commission of the offence which is mandatory under Sec. 17(2) of Act of 2015. Placing a reliance upon the judgment of a Division Bench of this Court in Gurbinder @ Shinder V/s. State of Punjab, 2016(4) RCR (Criminal) 492, counsel contends idle parking of a vehicle, unattended in the premises of the police station would not serve any purpose and the petitioner is prepared to furnish an undertaking to assure that the production of vehicle as and when required by the trial Court.

(3.) Writ petition has been contested by the respondent by filing a response. State counsel has invited the attention of the Court to the FIR (Annexure R-1) to assert that the vehicle was intercepted on information and on search, 30 Gauvansh (cows) were found with their legs and mouth tied with a rope. State counsel submits that Sanjay and Sakeel, who were travelling in the canter were apprehended. It is assertion that the cows were being carried for slaughter and after investigation of the FIR, challan has been presented and both the accused are facing trial. He emphasizes that the vehicle was involved in a serious offence and it has been legally confiscated under the provisions of Sec. 17 of the Act of 2015.