Order

17/02/2025

1. The instant miscellaneous petition has been preferred under Section 528 of B.N.S.S. against the order dated 28.11.2024 passed by the Court of learned District Collector, Deeg, in Case No.48/2024 in connection with F.I.R. No.443/2023, registered at Police Station Deeg, Distt. Deeg for the offence(s) punishable under Section(s) 5 & 8 of the Rajasthan Bovine Act and offence(s) under Section(s) 3 & 11 of the Prevention of Cruelty to Animals Act, whereby the application preferred by the petitioner for supurdagi of vehicle(s)-in-question i.e. Bolero Pick-ups bearing Registration Nos.RJ05-GB-9248 & RJ05-GB-8972, has been rejected.

2. Learned counsel for the petitioner submits that the petitioner is the registered owner of the vehicles-in-question and, therefore, he is entitled for custody of the vehicles on ‘supurdagi’. Relying upon the judgment passed by the Hon’ble Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat, reported in (2002) 10 SCC 283, learned counsel further contends that the vehicles should not be permitted to remain parked in the Police Station as the same shall gather rust and shall not remain useful. Learned counsel prays that the present miscellaneous petition may be allowed, the impugned order be quashed & set aside and the application filed by petitioner for releasing the vehicles-in-question on ‘supurdagi’ be also allowed.

3. Per contra, learned Public Prosecutor has opposed the submissions made herein-above.

4. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the entire material made available on record.

5. After going through the entire record, this Court is of the view that the interim custody of the vehicles, alleged to be used in committing the offence(s) under the Sections of Rajasthan Bovine Act & Prevention of Cruelty to Animals Act, cannot be denied on the ground of severity of offence(s). It is also a settled legal proposition of law that interim custody of vehicle cannot be denied on the ground that it is liable to be confiscated, in case the offence is proved against the accused.

6. Furthermore, keeping in view of judgment of Hon’ble Apex Court in the case of Sunderbhai Ambalal Desai (supra), there is no reason to deny interim custody of vehicles to the owner or the person entitled to get possession of the vehicle. If the vehicles are allowed to be kept in the Police Station for an indefinite period, then value of vehicles shall be diminished substantially and they may not remain in usable condition.

7. Consequently, the present criminal miscellaneous petition is allowed. The impugned order dt. 28.11.2024 passed by ld. District Collector, Deeg, is quashed & set aside and the vehicles- in-question i.e. Bolero Pick-ups bearing Registration Nos.RJ05-GB- 9248 & RJ05-GB-8972, are ordered to be released on ‘supurdagi’ in favour of the petitioner till completion of the trial upon furnishing two Supurdaginama(s) of Rs.2,00,000/- separately for both the vehicle(s)-in-question and surety of like amount to the satisfaction of the Court below.

(VINOD KUMAR BHARWANI),J SAHIL SONI /307 Powerd by TCPDF (w.tcpdf.org)