The main legal point established is that practical considerations and safeguarding of interests can be balanced with the legal mandate, providing a solution that serves both parties.

JUDGMENT

Dinesh Mehta, J. - By way of the present petition filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code'), the petitioner has challenged the order dated 23.06.2021 passed by learned District Collector, Churu (hereinafter referred to as the 'Collector') whereby petitioner's application under Section 451/457 of the Code for release of his vehicle has been rejected.

2. Briefly narrated, the facts relevant for the present purposes are that on 08.04.2021, a vehicle (HR-45-C-8336) was intercepted and upon inspection it was revealed that the same was carrying 11 cows and 5 calves to be transported to a slaughter house.

3. After the charge-sheet had been filed, the petitioner moved an application under Sections 451/457 of the Code and prayed that his vehicle (Ashok Leyland - Ecomet) be released on 'Supurdginama'.

4. The Collector, however, rejected petitioner's application inter alia observing that since it was used for the offence under the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 (hereinafter referred to as the 'Act of 1995'), it is liable for confiscation under Section 6A of the Act of 1995 and if the vehicle is released, the same would frustrate the object of Section 6A of the Act of 1995.

5. Mr. Singh, learned counsel for the petitioner argued that the petitioner requires the vehicle in question for his work and if the same is not released on 'Supurdginama', the petitioner's right will be prejudicially affected, as no other court, Tribunal or any other Authority can order release of the vehicle.

6. Learned Public Prosecutor opposed the petitioner's prayer and argued that the vehicle in question is liable to be confiscated under Section 6A of the Act of 1995 and if the Court proposes to order release of the vehicle, then, the petitioner may be directed to furnish a bank guarantee equal to the value of the vehicle so that if the competent authority ultimately passes an order of confiscation of the vehicle, its possession is assured or else at least amount to the extent of its value is secured.

7. Heard and perused the record.

8. A perusal of the impugned order dated 23.06.2021, reveals that the Collector has rejected petitioner's application for releasing the vehicle essentially in the face of provisions contained in Section 6A of the Act of 1995.

9. Before delving into the correctness and propriety of the impugned order, it would be appropriate to briefly advert to the relevant statutory provisions involved in the present case, namely, Section 6A of the Act of 1995, which reads thus:

'6-A. Confiscation of the means of conveyance.-(1) Whenever an offence punishable under this Act is committed, any means of conveyance used in the commission of such offence shall be liable to confiscation.

(2) Where any means of conveyance referred to in sub-section (1) is seized in connection with the commission of any offence punishable under this Act, a report of such seizure shall, without unreasonable delay, be made by the person seizing it to the Competent Authority and whether or not a prosecution is instituted for commission of such offence, the Competent Authority, having jurisdiction over the area where the said means of conveyance was seized, may, if satisfied that the said means of conveyance was used for commission of offence under this Act, order confiscation of the said means of conveyance:

Provided that before ordering confiscation of the said means of conveyance a reasonable opportunity of being heard shall be afforded to the owner of the said means of conveyance and if such owner satisfies the Competent Authority that he had no reason to believe that such offence was being or likely to be committed and he had exercised due care in the prevention of the commission of such an offence, the Competent Authority may not confiscate the said means of conveyance:

Provided further that where such means of conveyance is owned by the Centra