JUDGEMENT

23.02.2024 PRAYER:

1. The petitioner through the medium of the present petition is seeking following reliefs:-

a) Certiorari, seeking quashment of the order dated

20.07.2023 passed by the Court of Learned Chief Judicial Magistrate in the case titled "UT of J&K through SHO Police Station Loran Vs Qadeer Hussain and Anr," File No. 60/Challan having CNR No. JKPN030008182023 to the extent that the vehicle of the petitioner bearing Registration No. JK12 5099 (Tata Goods Carrier) has been ordered to be forfeited to SPCA (Society for Prevention of Cruelty against Animals), Poonch in complete violation of principle of Natural Justice and Code of Criminal Procedure;

b) Certiorari, seeking quashment of the order dated

02.11.2023 passed by the Court of Learned Principal Session Judge, Poonch in the case titled "Qadeer Hussain Vs UT of J&K through SHO Police Station Poonch," bearing File No. 10/Criminal appeal having CNR No. JKPN010003092023 to the extent whereby the appeal against the impugned order dated 20.07.2023 passed by the Court of Learned Chief Judicial Magistrate, Poonch in the case titled "UT of J&K through SHO Police Station Loran Vs Qadeer Hussain and Anr," under File No. 60/Challan having CNR No. JKPN030008182023 was dismissed being illegal arbitrary and against the statutory provisions of law;

c) Mandamus, seeking directions to the respondents to release the vehicle bearing Registration No. JK12 5099 (Tata Goods Carrier) seized in case titled “UT of J&K through SHO Police Station Loran Vs Qadeer Hussain and Anr," pending before the Court of Learned Chief Judicial Magistrate arising out of F.I.R bearing No. 0013/2023 registered with Police Station Loran which was ordered to be forfeited to SPCA (Society for Prevention of Cruelty against Animals), Poonch vide impugned orders dated

20.07.2023 and 02.11.2023 (Supra);

BRIEF FACTS OF THE CASE:

2. The petitioner is claiming to be the lawful and absolute owner of the vehicle bearing Registration No. JK12 5099 (Tata Goods Carrier) and possesses all legal documents and titles establishing unchallenged ownership rights over the aforementioned vehicle as alleged by him.

3. The petitioner challenges the order dated 20.07.2023 passed by the Court of Chief Judicial Magistrate, Poonch in the case titled UT of J&K through SHO Police Station, Loran Vs. Qadeer Hussain and Another by virtue of which the vehicle bearing Registration No. JK12 5099 has been ordered to be forfeited to SPCA (Care and Maintenance of Case Property Animals) under Rule 8 of Notification Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules 2017. The petitioner is also seeking quashment of the order dated 02.11.2023 passed by the Court of Principal Sessions Judge, Poonch in case titled Qadeer Hussain Vs. UT of J&K through Police Station, Poonch in file No. 10/Criminal Appeal, whereby, Court of Principal Sessions Judge, Poonch has dismissed the appeal.

4. The case of the petitioner is that an FIR bearing No. 0013/2023 dated 07.07.2023 was lodged against the petitioner and subsequently, a challan was presented before the Court of Chief Judicial Magistrate, Poonch, wherein the petitioner pleaded guilty to allegations constituting offences under Section 188 of Indian Penal Code, 1860 and Section

11 of the Prevention of Cruelty to Animals Act, 1960.

5. Further case of the petitioner is that the Chief Judicial Magistrate, Poonch while awarding punishment to the petitioners and concluding the trial, directed the forfeiture of the aforesaid vehicle owned by the petitioner to the SPCA, Poonch under Rule 8 of Notification Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules 2017 and as per Rule 8, if the accused person is convicted, or pleads guilty, the Magistrate shall deprive him of the ownership of animals and forfeit the seized animals to the infirmary Pinjrapole, SPCA Animal Welfare Organization or Gaushala already having custody for proper adoption or other di