SANJAY KUMAR DWIVEDI
Md. Tamsir Khan S/o Md. Kayum Khan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Kripa Shankar Nanda, learned counsel for the petitioner and Mr. Prabir Kumar Chatterjee, learned counsel for the State.
2. This petition has been filed for direction upon the respondents to release the commercial vehicles/Truck bearing Registration No. NL-01AD-0675, which was seized in connection with Sadar Police Station Case No. 273 of 2019, pending in the court of learned Chief Judicial Magistrate, Chatra.
3. The prosecution case is based on the written application of Hawildar Ahmad Ali Khan, addressed to Officer in Charge Sadar Police Station, Chatra on 31.07.2019 alleging inter-alia that on 31.07.2019 he was on patrolling duty along with other police officials at about 2:00 am in the night in the meantime a truck came which was instructed to stop due to the suspicion then the truck driver stopped the vehicle and fled away from the place of occurrence after parking the vehicle in the road side. The Truck being NO. BR-02GA-9393 was inspected in presence of the witnesses after giving the information to higher police officials and all together 27 bovine animals were recovered from the truck which was seized under a seizure list in prese
The main legal point established in the judgment is the requirement for a finding of contravention before forfeiture of a vehicle under the Jharkhand Bovine Animal Prohibition of Slaughtering Act, 20....
The main legal point established in the judgment is the requirement for a finding of contravention before forfeiture of a vehicle under the Jharkhand Bovine Animal Prohibition of Slaughtering Act, 20....
The main legal point established in the judgment is that the forfeiture of vehicles under the Jharkhand Bovine Animal Prohibition of Slaughtering Act, 2005 can only occur after a trial concludes and ....
Release of Vehicle - Beef slaughter - Transportation of Cattle or Beef - Whenever a vehicle is found to have been used in transportation of Cattle or Beef contravening any provision of this Act Vehic....
The main legal point established in the judgment is the interpretation of Section 12(3) of the Jharkhand Bovine Animal Prohibition of Slaughtering Act, 2005, regarding the forfeiture of a vehicle to ....
The Act does not provide for confiscation of the vehicle, and forfeiture can only occur after a trial concludes with a conviction. The commercial nature of the vehicle and relevant legal provisions a....
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.
Seized vehicles must be released to owners unless confiscation proceedings are initiated; conditions include deposit of bank guarantees and ensuring no illegal use.
Prompt action under Section 451 of Cr.P.C. is necessary to avoid keeping seized property at police stations for a long time, and seized vehicles should be released when ownership is not disputed.
The court emphasized that the forfeiture of the vehicle should only occur upon conviction and that the detention of the vehicle should not cause damage or loss of utility.
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