MD IBRAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Shailesh Kr. Singh, learned counsel for the petitioner and Mr. Binod Singh, learned S.C. (L&C) for the respondent-State as well as Mr. Sunil Kumar, learned counsel appearing for the respondent no. 2.

(2.) In this writ application, the petitioner has prayed for quashing of the entire criminal proceeding in connection with Hazaribagh Sadar P.S. Case No. 472/2013, corresponding to G.R. No. 2352/2013 instituted for the offences punishable under section 414/429 of the Indian Penal Code and Section 4(d)/4(k)/5 of the Jharkhand Bovine Animal (Prohibition of Slaughter) Act 2005. A further prayer has been made with respect to the quashing of the letter dated 04.09.2013 pursuant to which Confiscation Case No. 01/2013 has been initiated for confiscating truck bearing registration no. HR-38H-5093. The petitioner has also prayed for quashing of the order dated 14.09.2013 passed by the learned C.J.M., Hazaribagh by which the application preferred by the petitioner for release of the truck bearing registration no. HR-38H-5093 has been rejected.

(3.) It has been submitted by the learned counsel for the petitioner that the petitioner is the owner of the truck bearing registration no. HR-38H-5093 which was transporting some bovine animals purchased by one Md. Zafar Ali from Keshav Virat Pasu Mela, Barun, Aurangabad (Bihar). Learned counsel for the petitioner submits that proper receipt had also been issued with respect to transportation of bovine animals in the vehicle belonging to the petitioner. It has been submitted that the respondent no. 2 did not have the necessary authority to conduct a search and seizure or to confiscate the vehicle as the power vests upon the appropriate authority in terms of Section 10 and 2(j) of the Jharkhand Bovine Animal Prohibition of Slaughter Act 2005. Learned counsel thus has submitted that since the search and seizure itself is illegal the same vitiates the entire criminal proceedings as against the petitioner which deserves to be quashed and set aside.