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2022 Supreme(SC) 180

K. M. JOSEPH, HRISHIKESH ROY
Abdul Vahab – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocate Appeared:
For the Appellants :Mr. Pulkit Tare, Mr. Aditya Shekhar, Advocates
For the Respondents:Mr. Mukul Singh, Mr. Abhinav Shrivastava, Mr. Sunny Choudhary, Advocates

JUDGMENT :

HRISHIKESH ROY, J.

1. Heard Mr. Pulkit Tare, learned counsel appearing for the appellant. Also heard Mr. Abhinav Shrivastava learned counsel appearing for the State of Madhya Pradesh.

2. Leave granted.

3. The primary challenge in this appeal is to the Confiscation Order dated 09.08.2017 for the appellant’s truck (bearing No. MP/09/GF/2159), passed by the District Magistrate, Agar Malwa, purporting to exercise powers under Section 11(5) of the M.P. Prohibition of Cow Slaughter Act, 2004 (hereinafter referred to as ‘the 2004 Act’) and Rule 5 of the M.P. Govansh Vadh Pratishedh Rules, 2012. The Confiscation order was affirmed on 22.9.2018 by the Court of Additional Commissioner, Ujjain. The Revision Petition challenging the confiscation order was dismissed by the 3rd Additional Sessions Judge, Ujjain in the Criminal Revision No. 211/2018. The Truck owner preferred a Petition under section 482 Cr.P.C. before the High Court of Madhya Pradesh, wherein, the High Court affirmed the orders passed by the forums below, while holding that no error has been committed by the District Magistrate in ordering the truck’s confiscation, even after acquittal of the accused persons from the crim

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