Israil vs State of M.P.

Subhash Kakade, J.—Heard finally.

This application u/s 482 of Cr.P.C. is directed against an order dated 10.07.2012 passed by learned IVth Additional Sessions Judge(Fast Track Court) Damoh in Criminal Revision No. 49/2012 upholding the order dated 11.06.2012 passed by learned Chief Judicial Magistrate, Damoh, whereby the application filed by the applicant u/s 451 of Cr.P.C. for handing over custody of seized calves (28+30=58) on Supurdginama has been dismissed.

As per the prosecution story, the applicants were transporting 28 calves in Truck Number UP75 H8651 and 30 calves in Truck Number UP75 M 1056 to the State of Uttar Pradesh. At that time, Police of P.S. Kotwali, Damoh intercepted the aforesaid vehicles and seized the calves in question. Crime No. 397/12 has been registered against the applicants for the offence punishable under Sections 3, 4 & 5 M.P. Govansh Adhiniyam, Section 11 of Prevention of Cruelty to Animal Act, Section 34(2) of M.P. Excise Act and Section 66/192 of the Motor Vehicles Act. The applicants filed an application u/s 451/457 of the Cr.P.C. for releasing the calves in question on supurdginama before CJM, Damho, which was dismissed vide order dated 11.06.2012. Being aggrieved thereby, the applicant preferred a revision before IVth Additional Sessions Judge(Fast Track Court), Damoh which has also been dismissed vide order dated 10.07.2012, hence, this application.

Learned counsel appearing for the applicants has contended that learned Judicial Magistrate has dismissed the application filed by the applicants only on the ground that cattle were transporting for the purpose of slaughtering, which is not just and proper. Learned Revisional Court also dismissed the revision on the ground that the receipts of purchase of calves had not been produced at police station and they are only photocopies. It is further submitted if seized calves remained in another place for a long period without proper care, they will die for want of proper care or their health is adversely affected. The trial would take considerable time to conclude, therefore, the calves in question be released on supurdginama.

Learned Govt. Advocate for the respondent/State opposed the application on the ground that the cattle are seized for the offence, which is serious in nature.

Provisions of Section 451 of Criminal Procedure Code provides power to the Court to pass an order of interim custody of seized cattle pending trial where proper care is not taken by the prosecution and looking to the other circumstances, the cattle can be handed over to the owner. There is no bar that the cattle cannot be released looking to the seriousness of the offence.

Keeping in view above facts and circumstances of the case, this application is allowed. The impugned order dated 10.07.2012 passed in Criminal Revision No. 49/2012 by IVth Additional Sessions Judge(Fast Track Court), Damoh and the order dated 11.06.2012 passed by CJM, Damoh are hereby set aside.

It is directed that seized 28 calves shall be handed over to the applicant No. 1 Israil on furnishing a Supurdginama for a sum Rs. 1,40,000/- (Rupees One Lac and Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the CJM, Damoh/concerned trial Court till end of trial and seized 30 calves shall be handed over to the applicant No. 2 Kayum on furnishing a Supurdginama for a sum Rs. 1,50,000/-(Rupees One Lac and Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the CJM, Damoh/concerned trial Court till end of trial, subject to final decision of the learned trial Court on the following terms and conditions:-

(i) The applicants shall not remove the calves in question for the purpose of slaughter in future nor sale them. The applicants shall also take proper care of the calves in question.

(ii) The applicants shall submit monthly report relating to health status of the calves in question to the trial Court through concerned police station, who shall verify, if necessary, before forwarding the same to the Magistrate.

(iii) During pendency of the trial, the applicants will not transfer or sale the calves in question in any manner.

(iv) Before handing over the calves to the applicants on Supurdginama, each calves be identified by putting identification marks by the concerned police through the applicants themselves.

(v) The applicants shall produce the calves before the trial Court as and when required.

Certified copy as per rules.