RAMESHWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By means of filing these petitions, petitioners have invoked jurisdiction of the High Court under Sec. 482 of the Code of Criminal Procedure (Cr.P.C.), in order to challenge four different orders passed by the concerned District Collector in exercise of its power and jurisdiction under Sec. 6-A of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 (hereinafter referred to as "the Rajasthan Bovine Animal Act, 1995" Or "the RBA Act, 1995"), in respect of confiscation or release or refuse to release of the means of conveyance (vehicles), which was seized by the Police while registering respective FIRs for commission of an offence punishable under the Rajasthan Bovine Animal Act, 1995, on the ground that the vehicles in question were allegedly found to be used in the commission of an offence under the RBA Act, 1995.

(2.) Since in all these petitions, the prayer of petitioners is to release their respective vehicles (means of conveyance) on Supurdgi or on an interim custody, and consequently to quash the impugned orders passed by the Collector of concerned District being Competent Authority under the RBA Act, 1995, it is desirable to consider the ambit and scope of power and jurisdiction of the District Collector, to release or to confiscate the vehicle, seized in connection with commission of an offence under the Rajasthan Bovine Animal Act, 1995.

(3.) In this regard, in the original Rajasthan Bovine Animal Act, 1995, there was no provision about seizure and confiscation of the "means of conveyance" which is used in connection with commission of offence punishable under this Act, however, when this gap was brought to notice of the State legislature and it was proposed that provision is required to be inserted in the RBA Act, 1995, for seizure and confiscation of the means of conveyance, on the similar line of provisions as contained under Sec. 69 of the Rajasthan Excise Act, 1950, the State Legislature inserted Sec. 6-A in the RBA Act, 1995, by introducing the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) (Amendment) Act, 2018 w.e.f. 5/12/2019, to accomplish such aim and object. The provision of seizure and disposal of the Bovine Animal was available in the original RBA Act, under Sec. 7. For ready reference, newly inserted provision of Sec. 6-A and already existed provision of Sec. 7, of the Rajasthan Bovine Animal Act, 1995, are being reproduced here under:-