SAHABUDDIN Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) This petition is directed against the order of the Sub Divisional Magistrate, Ferozepur Jhirka dated 20.12.2016, by which Truck Container of the petitioner bearing Registration No. HR74-A-1665 has been ordered to be seized in terms of Section 17(2) of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 (hereinafter referred to as the "Act"), and the order dated 21.11.2017 of the Deputy Commissioner, Nuh, by which appeal filed by the petitioner against the order dated 20.12.2016 has been dismissed. The petitioner has also prayed for the issuance of a writ in the nature of mandamus seeking a direction to the respondents to release his vehicle on superdari.

(2.) In brief, the Station House Officer, Ferozepur Jhirka, vide his application dated 18.10.2015 had reported to the Sub Divisional Magistrate, Ferozepur Jhirka that a Truck Container bearing Registration No. HR74-A-1665, has been taken in custody by the police, in which 5 cows and 10 calves were found loaded, being taken away, for the purpose of slaughtering and an FIR No. 238 dated 08.10.2016, under Sections 5/13(2) 17 of the Act has been registered at Police Station Ferozepur Jhirka. The Station House Officer concerned made a request to the Sub Divisional Magistrate for confiscation/seizure of the said vehicle in terms of Section 17(2) of the Act.

(3.) After the application was received, a show cause notice was given to the petitioner, who appeared before the Sub Divisional Magistrate and filed his reply. After taking into consideration the allegations levelled against the petitioner and his reply thereto, coupled with the contents of the application made by the Station House Officer and the contents of the FIR, much-less the fact that the cows and the calves were found loaded in his vehicle, with their legs and mouth tied, the Sub Divisional Magistrate passed the order of seizure of the offending vehicle in terms of Section 17(2) of the Act.