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SANJAY KUMAR DWIVEDI
Raj Kumar Yadav – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Prabhat Kumar Sinha, learned counsel for the petitioner and Mr. Prabir Kumar Chatterjee, learned Spl. P.P. for the opposite party-State.
2. This criminal miscellaneous petition has been taken through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard on merit.
3. The petitioner has filed this petition for quashing the order dated 18.01.2021 in Criminal Revision No.57 of 2020 passed by the learned Principal Sessions Judge, Giridih in connection with Dumri P.S. Case No.120 of 2019, whereby, the prayer for release of vehicle has been rejected by the revisional court and the order of the trial court has been affirmed.
4. The story of the prosecution is that the informant namely Ashok Prasad O/C Dumri Police Station has narrated in his written complaint that on 28.09.2019 at around 12:15 a.m. superior police officers got secret information that Truck No. WB-23C-8093 loaded with cattle is coming from Bagodar side. The patrolling party of Dumri P.S. was ordered to c
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....
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 that the forfeiture of vehicles under the Jharkhand Bovine Animal Prohibition of Slaughtering Act, 2005 can only occur after a trial concludes and ....
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 the interpretation of Section 12(3) of the Jharkhand Bovine Animal Prohibition of Slaughtering Act, 2005, regarding the forfeiture of a vehicle to ....
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.
The court emphasized the applicability of the specific provisions of the Acts in justifying the confiscation of the vehicle and highlighted the limited scope of revisional jurisdiction in challenging....
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.
The main legal point established in the judgment is that the Collector can confiscate a vehicle only upon a competent Court finding a violation of specified sections. The court also emphasized the po....
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