IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR th ON THE 13 OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 3171 of 2024 BETWEEN:-

ISHWAR SINGH POWER OF ATTORNEY MEHMOOD S/O YUSUF KHAN, AGED ABOUT 35 YEARS, OCCUPATION: AGRICULTURIST VILLAGE PIPLON, DISTRICT AGAR MALWA (MADHYA PRADESH)

.....PETITIONER (BY SHRI HARSHVARDHAN PATHAK - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION AGAR, DISTRICT AGAR MALWA (MADHYA PRADESH)

2. STATE OF M.P. THROUGH DISTRICT MAGISTRATE AGAR MALWA (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI MUKESH SHARMA - G.A./P.L.)

This petition coming on for admission this day, the court passed the following:

ORDER

This petition is filed under Section 482 of the Cr.P.C. against the order dated 08.11.2023 passed by First Additional District and Sessions Judge, Agar (Malwa) in Criminal Revision No.20 of 2023 in Crime no.606 of 2023 registered at Police Station Agar, District Agar Malwa, whereby the learned Judge has dismissed the revision filed by the petitioner for interim custody of vehicle thereby confirming the order dated 09.10.2023 passed by J.M.F.C., Agar in the Signature Not Verified Signed by: PANKAJ aforesaid crime number wherein the learned Judge of the trial Court has dismissed the the application filed under section 457 of the Cr.P.C for custody of pickup vehicle bearing registration no.MP-13-L-4936.

2. Counsel for the petitioner submits that the aforesaid vehicle has been seized by the police on 14.09.2023 in crime no.606/2023 registered at police station Agar, District Agar Malwa under Sections 4,6,9 of Govansh Pratished Adhiniyam, 2004 and Section 11 (1) (gha) of the Prevention of Cruelty to Animals Act, 1960. It is alleged that the said vehicle was being used in the commission of the aforesaid offence.

3. Counsel for the petitioner submits that the petitioner is the owner of the vehicle and he is ready to comply with the condition imposed by this Court.

It is further submitted that the cost of vehicle is approximately Rs.7,00,000/-.

4. It is further submitted that the law relating to release of the vehicle on interim custody in respect of the similar case has already been decided in various judgments. To bolster his submissions, he has placed reliance on the judgment passed by the co-ordinate bench of this Court in the case of Raees Vs. State of MP reported in 2013(5) MPHT 233, in which it is held that while confiscation proceedings was going on, the vehicle can be handed over on interim custody under section 451 of the Cr.P.C. He further places reliance on the judgment passed by the Apex Court of full bench of this Court in Madhukar Rao Vs. State of MP reported in 2000(1) JLJ 304 and also the judgment passed by the Apex Court in the case of State of MP and Ors Vs. Madhukar Rao reported in 2008(1) JLJ 427, wherein it has been held that when the trial court did not find the accused guilty of alleged offence under the Act, the confiscation of the property is not possible.

Signature Not Verified Signed by: PANKAJ

5. He further submits that after considering the provisions of MP Govansh Vadh Pratished Adhiniyam and Rules framed therein of 2012, the co- ordinate bench of this court in the case of Sarvan and Anr Vs. State of MP passed in M.Cr.C No.593/2015 dated 24.08.2015 held that during the pendency of the trial, the vehicle in question can be released on interim custody to the petitioner.

6 . After hearing learned counsel for the parties and taking into consideration the various judgments passed by this court and in the case of Raees (supra) and Sarwan (supra), I am of the view that the present petition deserves to be allowed with the following conditions:-

"1. The petitioner shall file a copy of the registration card to establish that he is the registered owner of the vehicle in question and the trial court shall verify the same and if the petitioner is the registered owner of the vehicle, the same shall be released on interim custody to