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RAJENDRA KUMAR VERMA
Chetak Logistic Ltd. – Appellant
Versus
The State of Madhya Pradesh – Respondent
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
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....
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 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 rightful owner of seized property should be allowed to enjoy the property, and the power under Section 451 of the Criminal Procedure Code should be exercised judiciously and promptly.
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