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ANIL VERMA
Samad Kha – Appellant
Versus
State of M. P. – Respondent
ORDER
1. With the consent of learned counsel for both the parties, the matter is heard finally.
2. The petitioner has challenged the impugned order dated 7.8.2021 passed by the Ist Additional Sessions Judge, Khategaon District Dewas in Criminal Revision No.33/2021, whereby the revision of the petitioner for releasing the seized vehicle on interim custody was dismissed.
3. The brief facts of the case are that on 11.7.2021 police got discreet information from the informer regarding illegal transportation of cattles. Police party reached on the spot and intercepted the pickup vehicle bearing registration No. MP-41-GA3238 and found that 4 calves (Kede) were being transported in very cruel manner, therefore, police seized the vehicle on the spot along with the calves and FIR was also registered against the owner of the vehicle/present petitioner which was seized in connection with Crime No. 437/2021 registered at P.S. Khategaon Dewas for the offences under sections 4, 6, 9 of M.P. Gowansh Vadh Pratishedh Adhiniyam, 2004 (for short “Act of 2004”) and 5 of Madhya Pradesh Krishi Upyogi Pashu Sanrakshan Adhiniyam, section 52/192 of Motor Vehicles Act and 11(?) of Pashu Krurta Adhiniyam, 1960.
The jurisdiction of the Judicial Magistrate First Class to release the seized property on interim custody during the pendency of investigation or trial should not be restricted unless specifically pr....
The main legal point established is that the jurisdiction of the Judicial Magistrate First Class to release seized property on interim custody cannot be deemed to be ousted unless specifically restri....
Judicial magistrates retain the authority to grant interim custody of seized vehicles pending confiscation proceedings.
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....
The main legal point established in the judgment is that the jurisdiction of the trial court to make any order about the custody of conveyance is ceased only after it has received intimation about th....
The pendency of confiscation proceedings does not bar the release of a seized vehicle to its lawful owner under applicable legal provisions.
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