Abdul Azeez vs State of Chhattisgarh and Another

T.P. Sharma, J.—By this petition u/s 482 of the Cr. P.C. the applicant has prayed for quashment of the order dated 7.4.2012 passed by the Additional Sessions Judge, Camp Court, Dongargarh, in Criminal Revision No. 5/2012, affirming the order dated 31.3.2012 passed by the Judicial Magistrate First Class, Chuikhadan, in the matter of interim custody whereby the trial Court has denied the interim custody of vehicle used for transportation of cattle under the provisions of Chhattisgarh Agricultural Cattle Preservation (Amendment) Act, 2011 (for short the Act''). After arguing the matter sometime, in the light of amended provisions of Section 6 of the Act relating to custody of the vehicle learned counsel for the applicant seeks to withdraw this petition with liberty to revive the same after the stipulated time mentioned in sub-section (3) of Section 6 of the Act or after final judgment.

Vide Act No. 3 of 2012 the Chhattisgarh Agricultural Cattle Preservation Act, 2004 (No. 28 of 2006) as amended in 2006 vide Act No. 28 of 2006 has been further amended by Act No. 3 of 2012 which came into force from the date of its publication in the official gazette i.e. 13th January, 2012. Vide Act No. 3 of 2012 Section 6 of the Act has been renumbered and amended as:-

(1) Section 6 of the Principal Act, shall be renumbered as "6(1)"

(2) Alter sub-section (1) of Section 6 of the Principal Act, the following shall be added, namely-

(2) Whenever any person transports or causes to be transported in contravention of provisions of sub-section (1) any agricultural cattle as specified In the Schedule, such vehicle or any conveyance used in transporting such animal along with such agricultural cattle shall be liable to be seized by such authority or officer as the State Government may appoint in this behalf.

(3) The vehicle or conveyance so seized under sub-section (2) shall not be released by the order of the court on bond or surety before the expiry of six months from the date of such seizure or till the final judgment of the court, whichever is earlier and such vehicle shall also be liable for confiscation at the end of the trial.

By adding sub-section (3) absolute rider for order of custody within the period of six months from the date of seizure has been created in the Principal Act having overriding effect upon the general act. In the light of sub-section (3) of Section 6 of the Act vehicle cannot be given In Interim custody within six months from the date of seizure or before final judgment whichever is earlier. The petition is dismissed as withdrawn with the aforesaid liberty.