ORDER

1. Petitioner has filed this criminal revision under section 397/401 of Cr.P.C. being aggrieved by the order dated 10.3.2022 passed by CJM Seoni, District Seoni, whereby Court has rejected the application for supurdnama filed by him.

2. Brief facts of the case are that the Police Station Kotwali District Seoni has registered crime No. 178/2022 for the offence punishable under sections 4, 6, 9 of MP Govansh Vadh Pratishedh Adhiniyam, 2004 & 4, 6, 6(A), 6(B)(1) of M.P. Krashak Pashu Parirakshan Adhiniyam, 1959 & 11(d) Prev. of Cruelty to Animals Act, 1960 & 34(2) M.P. Excise Act, 1915 & 66/192 M.V.Act, 1988 in which the vehicle of the petitioner bearing registration HR38U-7856 has been seized alleging indulgence of it in illegal transportation of cow progenies.

3. After seizure of vehicle, petitioner has filed an application under section 457 of the Code of Criminal Procedure for interim custody of vehicle. CJM by impugned order dated 10.3.2022 dismissed the application.

4. Petitioner has challenged the impugned order on ground that he has filed documents of ownership of seized vehicle and no other person has claimed vehicle, therefore, as per settled law, vehicle ought to have released on supurdginama. Learned trial Court has committed an error of law in rejecting the application for release of vehicle on superdginama. In view of order passed by Apex Court reported in AIR 2003 SC 638- Sunderbhai Ambalal Desai v. State of Gujarat and in case of Madhukar Rao S/o Malik Rao v. State of MP. and others reported in 2000(1) MPLJ 289.

5. Learned Panel Lawyer for the State opposed the petition for release of vehicle on supurdginama. It is submitted by him that a well reasoned order has been passed by the CJM Seoni, therefore, he could not derive any benefit of releasing vehicle on supurdginama. There are chances that vehicle may be used again in crime. In view of same, prayer is made for dismissal of petition.

6. Heard learned counsel for the parties.

7. Relevant provisions of law for adjudicating the petition is quoted below :

Sections 4, 5, 6, 6A, 11, 11A of Gow Vansh Pratishedh Adhiniyam & rules 5 and 6 of M.P. Govansh Vadh Pratishedh Rules, 2012 are as under :--

4. Prohibition of slaughter of cow progeny.

No person shall slaughter or cause to be slaughtered or offer or cause to be offered for slaughter of any cow progeny by any means.

5. Prohibition on possession and transport of beef.

No. person shall have in his possession or shall transport beef of any cow progeny slaughtered in contravention of the provisions of this Act.

6. Prohibition on transport of cow for progeny slaughter.

No person including transporter shall transport or offer for transport or cause to be transported any cow progeny himself or by his agent, servant or by any other person acting in his behalf within the State or outside the State for the purpose of its slaughter in contravention of the provisions of this Act or with the knowledge that it will be or is likely to be so slaughtered.

Prohibition of export of cow progeny and grant of permit.

6A. (1) No person including transporter shall export or cause to be exported any cow progeny himself or by his agent, servant or by any other person acting in his behalf from any place of the State to any place out side the State without permit as provided in sub-section(2).

(2)The Competent Authority may grant a permit within seven days on presenting application in this behalf, in such manner as may be prescribed for export of cow progeny from Madhya Pradesh for agricultural of dairy farming purposes or for participation in a cattle fair and like purposes except for the purpose of slaughter.

(3) Any person seeking permit under sub-section (2) aggrieved by an order of the Competent Authority may make an application within thirty days from the date of receipt of the order to the Divisional Commissioner, and the Divisional Commissioner may upon such application call for the examine the record of the case for th