BHOLA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Article 226 of the Constitution of India has been filed by the petitioner for setting aside the order dated 28.05.2019 passed by the learned Sub-Divisional Judicial Magistrate, Daudnagar in Obra P. S. Case No. 23 of 2019 whereby he has rejected the application of the petitioner dated 28.05.2019 for release of the vehicle bearing registration No. UP21BN9739.

(2.) Learned counsel appearing for the petitioner submitted that the order impugned is patently bad in law, as the court below has not considered the ratio laid down by the Supreme Court in the matter of Sunderbhai Ambalal Desai vs.State of Gujarat since reported in (2002) 10 SCC 283. She contended that the learned Magistrate has also ignored the judgement of this Court in the matter of Anil Kumar Yadav vs. State of Bihar, since reported in 2017 (4) PLJR 455 while passing the impugned order.

(3.) On the other hand, learned counsel for the State submitted that since the vehicle in question was carrying 43 buffaloes and animals were chained and were placed in such a manner to subject them to unnecessary pain or suffering, the vehicle was rightly seized and the learned Magistrate rightly refused to release the same.