Point of Law: Section 11(5) provides that “on receipt of the report, the Judicial Magistrate 1st Class may, on his being satisfied that there is enough material to presume that a prima-facie offence under this Act has been committed, release the seized materials including vehicle/conveyance except cattle on furnishing of a bank guarantee, equal to the value of the material or vehicle/conveyance, to the satisfaction of the Court, pending disposal of the criminal proceedings instituted in respect of the alleged offence.

JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. R. L. Chutia, learned counsel for the petitioner and also heard Mr. D. Das, learned Additional P.P. for the State respondent.

2. In this petition, under Sections 397/401 read with Section 482 Cr.P.C. the petitioner has challenged the legality, propriety and correctness of the order, dated 28.07.2022, so passed by the learned Addl. Chief Judicial Magistrate, Golaghat, in connection with Dergaon P.S. Case No. 80/2022. It is to be noted here that vide impugned order, the learned Court below has dismissed the petition filed by the petitioner seeking custody of 24 Nos. of cattle, which were seized in connection with the aforementioned case.

3. The factual background, leading to filing of the present petition, is briefly stated as under:

“On 17.05.2022, S.I. Pranjal Prakash Chakravarty of Dergaon P.S. lodged one F.I.R. to the Officer-In-Charge, Dergaon P.S. to the effect that on that day, at about 06.00 P.M. acting on a tip of, they have apprehended one Truck, bearing Registration No. AS-01-LC-8797, at Amguri Tiniali and also found carrying 24 Nos. of cattle therein. And the driver of the vehicle namely - Md. Karimuddin and the helper of the vehicle namely - Md. Ahadul Islam, when asked for, failed to produce valid documents of the said cattle, and as such, it is suspected that the cattle were stolen to slaughter house. They also found that the cattle were being carried in congested manner in the vehicle without sufficient space, and thereby subjected them to cruelty. Accordingly, the S.I. had seized the Truck, 24 numbers of cattle with five numbers of vehicle key, preparing seizure list. Upon the said F.I.R. Dergaon P.S. Case No. 80/22, under Section 13 of Assam Cattle Preservation Act, 2021, read with Section 11 of the Prevention of Cruelty to Animals Act, 1960 was registered and endorsed S.I. Debananda Saikia to investigate the same. The Investigating Officer (I.O.) then visited the place of occurrence, examined the witnesses and arrested the driver and helper of the vehicle and forwarded them to the court and handed over the cattle to a Gosala situated at Halmiramukh, as per order of the learned Chief Judicial Magistrate, Golaghat and released the seized vehicle along with the keys to the registered owner as ordered. Thereafter, the petitioner preferred one petition, being petition No. 2415/22, under section 451/457 Cr.P.C. before the Court of learned Addl. Chief Judicial Magistrate, Golaghat seeking custody of the 24 numbers of cattle, and after hearing both the parties, the learned Court below, vide impugned order 28.07.2022, had dismissed the petition.”

4. Being aggrieved, the petitioner approached this Court by filing the present petition on the grounds that there is no legal bar in releasing the seized cattle in the custody of the petitioner, who is the owner of the said cattle and that he had purchased the same from Dergaon cow-buffalo market, under Dergaon Municipality, after payment of necessary dues and he has proper documents and that he was carrying them to Nagaon and that the learned court below had failed to appreciate the law in this regard in its proper perspective and that being the owner of the cattle, he has preferential right to receive the same in custody. Therefore it is contended to allow the petition.

5. Mr. Chutia, the learned counsel for the petitioner, submits that the impugned order passed by the learned Addl. C.J.M. Golaghat, suffers from manifest illegality and impropriety and the same is not sustainable in law and that there is no embargo in the Assam Cattle preservation Act, 2021 in transporting cattle from one district to another district within the state and no permit is required in this regard and therefore, it is contended to allow the petition.

5.1. Referring to a Judgment and Order of this court in Crl. Rev. Pet. No. 321/2022, dated 17.08.2022, Mr. Chutia, further submits that in the said case this Court, was pleased to grant interim custody of the seized catt