The judgment establishes that confiscation of property under the M.P. Govansh Vadh Pratishedh Adhiniyam can only occur after a finding of guilt by a competent court, and it highlights the overriding effect of section 52-C of the Indian Forest Act on other laws, including the Criminal Procedure Code.

JUDGMENT :

1. This application under section 482 of Criminal Procedure Code is directed against the order passed by learned 11th Additional Sessions Judge, Ujjain in Criminal Revision No. 94/2014 dated 30-12-2014.

2. The facts giving rise to this application are that on 27-9-2012 about 12:05 a.m. the Incharge of Police Station, Jeeran received a source information that in vehicle bearing registration No. M. P.-44-LA-0302, three cows and one calf were being transported towards Dhulia for slaughtering them. The vehicle was intercepted on Neemuch Mandsaur Highway in front of Harkiya Khal police post. When the vehicle was searched, three cows and one calf were recovered from the vehicle. During investigation, the vehicle and the cow progeny were seized. Learned District Magistrate, Neemcuh was intimated about the seizure who passed the order dated 17-2-2014 by which the vehicle and the cow progeny were ordered to be confiscated. Against this order, present applicants filed an appeal before the Commissioner, Ujjain which was also dismissed by order dated 17-2-2014 and against this order, the revision was filed which was disposed of by learned 11th Additional Sessions Judge by the impugned order.

3. Aggrieved by this order, present application is filed placing reliance on the judgment of this Court in the case of Raees vs. State of M.P. reported in 2013(5) MPHT 233 in which it was held that while the confiscation proceeding was going on, the vehicle may be handed over on interim custody under section 451 of Criminal Procedure Code.

4. However, in this case, the vehicle is already ordered to be confiscated by the two courts below and also revision filed before the Sessions Court has been dismissed by the impugned order, therefore, following the questions arise in this case for consideration (i) whether, under M. P. Govansh Vadh Pratishedh Adhiniyam and Rules made thereunder known as M. P. Govansh Vadh Pratishedh Rules, 2012 confiscation proceeding can continue parallel to criminal proceeding pending before the Court of Judicial Magistrate; and (ii) whether, an order, ordering confiscation of the vehicle and cow progeny can only be passed after conclusion of trial before the Judicial Magistrate in which it was held that offence under the Act was committed and the vehicle was used for transporting cow progeny for slaughtering.

5. To begin with, we may go through M. P. Govansh Vadh Pratishedh Rules, 2012 (hereinafter referred as the Rules), Rules 5 and 6 provided as under -

5. Confiscation by District Magistrate. - In case of any violation of sections 4, 5, 6, 6-A and 6-B, the police shall be empowered to seize the vehicle, cow progeny and beef, and the District Magistrate shall confiscate such vehicles, cow progeny and beef as per the provisions of section 100 of Criminal Procedure Code. 1973 (No. 2 of 1974) in following manner :- (i) He shall take possession of the vehicle; (ii) He shall intimate the Veterinary Department to take in custody of the cow-progeny and beef. : (iii) The beef of cow-progeny shall be disposed of by the department by such procedure as he deems fit. 6. Manner of Appeal. - Any person aggrieved by an order of confiscation under sub-section (5) of section 11 of the Act, may prefer an appeal in writing to the Divisional Commissioner within thirty days of the date of knowledge of such order. Every appeal shall be made under sub-section (1) of section 11-A of the Act.

6. The corresponding provisions in the Forest Act for seizure and confiscation of the vehicle of the forest can also be reproduced here as under :-

"52. Seizure of property liable to confiscation and procedure therefor. - (1) When there is reason to believe that a forest offence has been committed in respect of any forest produce, such produce, together with all tools, boats, vehicles, ropes, chains or any other article used in committing any such offence may be seized by any Forest Officer or Police Officer, (2) Every officer seizing any property under this s