NABI SARWAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Nilesh Kumar, learned counsel for the petitioner and Mr. Devesh Krishna, learned counsel for the State.

(2.) This petition has been filed for direction upon the respondents to release the vehicle of the petitioner bearing registration no.WB 09 1482 which has been seized in connection with Syamsunderpur P.S. Case No.07 of 2021 lodged for commission of alleged offence under Sec. 428, 429, 34 of the IPC and Sec. 11 of Prevention of Cruelty to Animals Act, 1960 and Sec. 12(1)(2)(3) of the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005 whereby and the application for release in connection with G.R.Case No.181/2021 has been rejected vide order dtd. 7/2/2022 by SDJM, Ghatshila, pending in the court of SDJM, Ghatshila.

(3.) That the present case was lodged on the basis of self statement of Kajal Kumar Dubey, Incharge Shyamsundarpur Police Station (Respondent no.2 herein) in which he has alleged that on 9/3/21 at about 11 Pm he got secret information that through Tata Ghatshila Road, 5/6 trucks loaded with illegal animals (Bovine) are moving towards Bengal. As such a team was prepared after information to the competent authority and raid was conducted. Six vehicles bearing registration No.WB-09-1482, WB 11D 2683, WB 23B 7111, WB 23B 6528, WB 23 C 1836 and WB 11C 2430 stopped and after search it has been found that the same were loaded with bovine animals. One Rashid Alam and Jitendra Yadav were apprehended, rest fled away from the place of occurrence. They confessed before the authority that they are moving from Bihar to Bengal with the animals. It has been confessed by the apprehended accused persons that they were moving with the animals and no satisfactory documents were given. Accordingly animals were seized and the case has been instituted.