The court's decision was based on the lack of initiation of confiscation proceedings for the seized vehicle under the Rajasthan Bovine Act, 1955, and the potential damage from continued detention.

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 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 Central Government or any State Government or any of their undertaking, no order of confiscation of such means of conveyance shall be passed by the Competent Authority and the matter shall be referred to the State Government by the Competent Authority for making such orders regarding means of conveyance as the State Government may deem fit; Provided also that before ordering confiscation under this sub-section, the owner of the means of conveyance referred to in sub-section (1) may be given an option to pay, in lieu of confiscation, a fine not exceeding the market price of such means of conveyance: Provided also that an owner of a means of conveyance shall not be given option under the preceding proviso, if he had been given option under that proviso at an earlier occasion ( (3) Whenever any means of conveyance as referred to in sub-section (1) is seized in connection with commission of an offence under this Act, the Competent Authority shall have, and notwithstanding anything contained in any law for the time being in force, any Court, Tribunal or other authority shall not have, jurisdiction to make order with regard to the possession, delivery, disposal or release of such means of conveyance.

(4) Where the Competent Authority is of the opinion that it is expedient in public interest or for the benefit of its owner that the means of conveyance, as referred to in sub-section (1), seized for commission of offence under this Act be sold by public auction, he may at any time direct it to be sold.

(5) Any order of confiscation made by the Competent Authority shall not prevent the infliction o