ANIL VERMA
Suresh Khede – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. The petitioner has filed present petition under Section 482 of Cr.P.C. being aggrieved by the impugned order dated 17/02/2022 passed by I Additional Sessions Judge, Barwani in Criminal Revision No.21/2022, whereby the order passed by Judicial Magistrate First Class, Barwani on 04/02/2022 in Crime No.747/2021 under Section 451 and 457 of Cr.P.C. has been affirmed.
2. Brief facts of the case are that on 07/10/2021 police got a discrete information from the informant that on pickup vehicle bearing registration number MP-46-G-1276 is transporting calf illegally from Ganpur Chowkdi to Maharashtra for slaughtering.
3. Act upon the said information, police party reached on the spot and during the search it was found that vehicle was loaded with seven calf without any valid permit, which was seized by the police and offence under Section 4, 6 and 9 of the M. P. Govansh Vadh Pratishedh Adhiniyam, 2004 (in short 'Adhiniyam of 2004) read with Section 11-D of Prevention of Cruelty to Animals Act has been registered against the present petitioner.
4. During the investigation, the petitioner had preferred an application under Section 451 and 457 Cr.P.C. for release of the seized vehicle
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....
Judicial magistrates retain the authority to grant interim custody of seized vehicles pending confiscation proceedings.
The Trial Court has jurisdiction to release seized property pending trial if statutory provisions allow it.
Prompt action under Section 451 of Cr.P.C. is necessary to avoid keeping seized property at police stations for a long time, and seized vehicles should be released when ownership is not disputed.
(1) Confiscation of Truck – Vehicle cannot be withheld and then confiscated by State, when original proceedings have culminated into acquittal.(2) Confiscation of appellant’s truck when he is acquitt....
During confiscation proceeding, the Magistrate has no power under sections 451 or 457 Cr.P.C. to release the vehicle.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.