Shivchandra alias Shivcharan Yadav vs State of M.P.

Subhash Kakade, J.—Heard finally.

This application u/s 482 of Cr. P.C. is directed against the order dated 11.10.2013 passed by learned 2nd Additional Judge to First Additional Sessions Judge, Rewa in Criminal Revision No. 315/2013 upholding the order dated 04.10.2013 passed by learned Judicial Magistrate, First Class, Teonthar, District Rewa, whereby the application filed by the applicant u/s 451 of Cr. P.C. for handing over custody of 20 numbers of buffaloes on Supurdginama has been dismissed.

As per the prosecution story, the applicant was transporting 20 cattle (16 she-buffaloes and 04 calves) in Truck No. MP 17 HH/1586 to the State of Uttar Pradesh. At that time, Police of P.S. Chakghat, District Rewa intercepted the aforesaid vehicle and seized the aforesaid 20 cattle. Crime No. 101/2013 has been registered against the applicant for the offence punishable u/s 11(a)(d) of Prevention of Cruelty to Animal Act and Sections 4, 6 and 9 of the Madhya Pradesh Agricultural Cattle Preservation Act read with Section 66/192 of the Motor Vehicles Act. The applicant filed an application u/s 451/457 of the Cr. P.C. for releasing the aforesaid 20 cattle on supurdginama before JMFC, Teonthar, which was dismissed vide order dated 04.10.2013. Being aggrieved thereby, the applicant preferred a revision before Second Additional Judge to the Court of First Additional Sessions Judge, Rewa which has also been dismissed vide order dated 11.10.2013, hence, this application.

Learned counsel appearing for the applicant has contended that learned Judicial Magistrate has dismissed the application filed by the applicant only on the ground that cattle were transporting for the purpose of slaughtering, which is not just and proper, because at the time of seizure 8 buffaloes were pregnant. Learned Revisional Court also dismissed the revision on the ground that receipts produced the applicant are prima facie doubtful. It is further submitted that out of 20 cattle 3 cattle were died in Kanji House and if they remained in the Kanji House for a long period, remaining cattle will also die for want of proper care. The offence is triable by the Magistrate, First Class. The trial would take considerable time to conclude, therefore, the remaining alive cattle be released on supurdginama.

Learned Panel Lawyer for the respondent/State opposed the revision 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 11.10.2013 passed in Criminal Revision No. 315/2013 by Second Additional judge to the Court of First Additional Sessions Judge, Rewa and the order dated 04.10.2013 passed by JMFC, Teonthar, Rewa are hereby set aside.

It is directed that seized alive cattle shall be handed over to the applicant on Supurdginama of Rs. 3,00,000/-(Rupees Three Lacs Only) with one solvent surety in the like amount to the satisfaction of the JMFC, Teonthar, District Rewa/concerned trial Court till end of trial, subject to final decision of the learned trial Court.

Certified copy as per rules.