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2022 Supreme(Raj) 1474

BIRENDRA KUMAR
Devendra Saini – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Girish Khandelwal, Advocate, for the Petitioner
Mr. Atul Sharma, PP, for the Respondent

JUDGMENT

1. Heard learned counsel for the parties. This petition is for setting aside the order dated 30/11/2021 passed by District Collector, Bharatpur in case No. 37/2021 whereby the vehicle of the petitioner (Bolero) bearing registration No. RJ-02-GB-2420, was refused to be handed over to the petitioner.

2. The said vehicle was seized in FIR No. 310/2021 registered for offences under Section 3, 5, 6 & 8 of Rajasthan Bovine Act, 1955. The impugned order reveals that the refusal is on the ground that the bovine loaded on the vehicle were treated with cruelty and were being carried without any permit or permission from the competent authority.

3. Since no further purpose is going to served by continued detention of the said vehicle by the police, it would rather cause damage to the said vehicle, if it is not released.

4. At this stage, it would be relevant to reproduce Rule 6A of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration for Export) Act, 1995 which provides as under:-

      [6A. 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

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