ORDER :

Sujoy Paul, J.

1. This petition filed under section 482 of the Cr.P.C. assails the order dated 21.09.2020 passed by Judicial Magistrate First Class, Garoth District Mandsaur and also revisional order dated 13.10.2020 Annexure A/4, whereby the criminal revision no. 59/2020 filed by the petitioner was dismissed by the Court below.

2. Learned counsel for the petitioner advanced two fold submissions:-

(i) The petitioner is being tried for allegedly committing offence under section 4, 6, 10 of Govansh Vadh Pratishedh Adhiniyam, and 11(A)(D) of the Prevention of Cruelty to Animal Act and 429 of the IPC. Under those penal enactments, there is no impediment like one exists in the Excise Act, that if intimation is given to the Collector regarding confiscation proceedings, the vehicle cannot be given at Supurdginama.

(ii) Learned JMFC and Revisional Court have missed the point and despite fulfilling the requirement of granting the vehicle on Supurdginama, rejected it based on merits of the case, whereas the real parameters are laid down by Hon'ble the Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat reported in (2002) 10 SCC 283. The principles laid down therein