Akram Mansuri vs The State of Madhya Pradesh

P.K. Jaiswal, J.—With the consent of the parties, heard on the petition filed u/s 482 of Cr.P.C. By this petition u/s 482 of Cr.P.C., the petitioner is praying for quashment of order dated 25/09/2013, passed by 1st Additional Sessions Judge, Dewas in Cri. Rev. No. 116/13 whereby learned Revisional Court affirmed the order of the learned JMFC, Dewas in Criminal Case No. 639/13 dated 11/09/13 by which prayer for interim custody of Mahindra Pickup bearing Registration No. MP-09-GF-5844 in question has been rejected.

It is submitted by the learned counsel for the petitioner that the petitioner is registered owner of Mahindra Pickup bearing Registration No. MP-09-GF-5844. The aforesaid Mahindra Pickup has been implicated in Crime No. 639/13 registered under the provision of Section 11(6) and Sections 4, 6, 6(B) and 9 of M.P. Vadh Govansh Pratished Adhiniyam, 2004 and u/s 11(d) of Prevention of Cruelty to Animals Act, 1960. He also drew my attention to the impugned judgment and submitted that the revision was dismissed merely on the ground that Authorized Officer where the confiscation proceeding is going on is competent to pass an interim order. He submitted that question involved in this petition has already been settled by this Court in the case of Raees Vs. State of M.P., .

Considering the provisions of 2004 Adhiniyam, there is no bar and release of the vehicle during the pendency of the proceeding and also to the fact that this question has been considered in detail in the matter of Raees v. State of M.P., passed in M.Cr.C. No. 1102/2013, decided on 4.7.2013. Relevant para of the order reads as under:--

After hearing the rival submissions advanced by the learned counsel for the parties and to advert such contention the relevant provision of Adhiniyam of 2004 is required to be seen. As per Section 11(5) of the Adhiniyam of 2004 it is clear that in case of any violation of Section 4, 5, 6A and 6B, the Police Authorities is empowered to seize the vehicle or cow progeny and beef. The District Magistrate is having power to confiscate the same in a manner prescribed. Rule 5 and 6 of the Rules of 2012, which deals, confiscation, and appeal are relevant, however, it is reproduced as under:--

Rule-5 Confiscation by District Magistrate,-

In case of any violation of section 4, 5, 6, 6A and 6B, the police shall be empowered to seize the vehicles, cow progeny and beef as per the provisions of section 100 of Criminal Procedure Code, 1973 ( No. 2 of 1974) in following manner:--

(i) He shall take possession of the vehicle;

(ii) He shall intimate the Veterinary Department to take in custody of the cow-progeny and beef.

(iii) The beef of cow-progeny shall be disposed of by the department by such procedure as he deems fit.

Rule-6 Manner of Appeal.--Any person aggrieved by an order of confiscation under sub-section (5) of section 11 of the Act, may prefer an appeal in writing to the Divisional Commissioner within thirty days of the date of knowledge of such order. Every appeal shall be made under sub-section (1) of section 11-A of the Act.

On the other hand, learned Panel Lawyer opposed the prayer and submitted that once the proceeding for confiscation has started by the learned Magistrate then no order for interim custody be passed. On due consideration of the arguments of the learned counsel for the parties and considering the fact that question involved in this petition has been already decided by order dated 4.7.2013 in the case of Raees (supra) and in view of the discussions made herein above, the petition filed by the petitioner is allowed. The order impugned passed by the JMFC and the Revisional Court are hereby set aside. It is directed that on furnishing the Supurdginama by the applicant to the sum of Rs. 7,00,000/- with one surety in the like amount to the satisfaction of JMFC/CJM concerned, the Mahindra Pickup bearing Registration No. MP-09-GF-5844 be released subject to complying the following conditions:--

(i) That, petitioner shall produce the same before the trial Court as and when directed to do so.

(ii) That, in the meantime, he shall not alienate the vehicle or make use of vehicle for any unlawful purpose; and

(iii) That, he shall not carry out any change in the colour and outward appearance of the vehicle.

Cc as per rules.