Tirathnath vs State Of Chhattisgarh

Heard.

The instant petition is against the dismissal of a revision vide order dated 29.07.2021 passed by the Sessions Judge Jashpur in Criminal Revision No.04/2021, which was filed against the order dated 07.07.2021 in Criminal Case No.22/2021 by the J.M.F.C. Bagicha, District Jashpur by which the application for custody of the vehicle was refused to the petitioner.

As per the prosecution case, crime No.122/2021 was registered under Section 4, 6 & 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004.  The cattles were being carried to the slaughter house as such the vehicle bearing registration No.C.G.-15-AC-1143 wherein the cattles were being transported was seized.

Learned counsel for the petitioner would submit that the petitioner is the owner of the vehicle, which was alleged to be involved in commission of crime under the Chhattisgarh Agricultural Cattle Preservation Act, 2004 (for short “the Act, 2004”). He submits that after seizure of the vehicle on 24.06.2021, the bar of sub-section 3 of Section 6 of the Act, 2004 would not apply and no purpose would be served while keeping the vehicle in custody; consequently, the same may be released.

Reply of the State is filed.

Perused the documents. Perusal of the documents would show that as per the order of the JMFC, Bagicha the vehicle was seized on 24.06.2021, thereafter, the application was filed for custody of the vehicle which was dismissed on 07.07.2021 and subsequently the revision having been filed the same was also dismissed on 29.07.2021. With the efflux of time during the pendency of the proceedings six months have been passed as on today.

Since the case was under the Act, 2004, sub-section 3 of Section 6 would be relevant, which is reproduced herein below :

“6 (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.”

In this case, the vehicle was seized in the month of June, 2021 and therefore, while deciding the issue as on today the factum of seizure which was already way back took place in the month of June, 2021 six months have passed and the final judgment as per the reply of the State has not yet been passed till date.

Considering the facts of this case, the bar of sub-section 3 of Section 6 of the Act, 2004 would not apply and the vehicle as appears is lying at the disposal of the authorities or at police station. Therefore, if it is kept in the police station it must be occupying space or is prone to cause natural decay and may loose its road worthiness when kept in stationery position. In context of subject matter the principle laid down in case of General Insurance Council and others Vs. State of Andhra Pradesh and others reported in (2010) 6 SCC 768 which has earlier reiterated principle laid down in case of Sunderbhai Ambalal Desai Vs. State of Gujarat reported in (2002) 10 SCC 283, wherein it is held that keeping the vehicle in stationery position at the police station would not serve any purpose except the decay of it's value interim custody of the vehicle can be handed over. Reply of the State is silent as to whether any confiscation proceeding has been commenced or not. In the facts of this case, keeping the vehicle for period indefinite in police station will destroy very nature of the vehicle as it may turn junk in future. Therefore, I am inclined to allow the application for interim custody of the vehicle.

In the result, order dated 29.07.2021 is quashed and the petition is allowed. The vehicle is directed to be released to the petitioner on the following conditions:-

Before release of vehicle proper panchnama be prepared.

Photographs of vehicle should be taken and bond should also be produced that the article would be produced if required at the time of trial.

Proper security i.e. personal bond of Rs. 5 Lakhs and like sum of local surety be obtained before release of vehicle.