Judgment

Reserved On: May 15th, 2024 Pronounced On: July 01_, 2024 BY THE COURT:

REPORTABLE

1. By means of filing these petitions, petitioners have invoked jurisdiction of the High Court under Section 482 of the Code of Criminal Procedure (Cr.PC), in order to challenge four different orders passed by the concerned District Collector in exercise of its power and jurisdiction under Section 6-A of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 (hereinafter referred to as “the Rajasthan Bovine Animal Act, 1995” Or “the RBA Act, 1995”), in respect of confiscation or release or refuse to release of the means of conveyance (vehicles), which was seized by the Police while registering respective FIRs for commission of an offence punishable under the Rajasthan Bovine Animal Act, 1995, on the ground that the vehicles in question were allegedly found to be used in the commission of an offence under the RBA Act, 1995.

2. Since in all these petitions, the prayer of petitioners is to release their respective vehicles (means of conveyance) on Supurdgi or on an interim custody, and consequently to quash the impugned orders passed by the Collector of concerned District being Competent Authority under the RBA Act, 1995, it is desirable to consider the ambit & scope of power and jurisdiction of the District Collector, to release or to confiscate the vehicle, seized in connection with commission of an offence under the Rajasthan Bovine Animal Act, 1995.

3. In this regard, in the original Rajasthan Bovine Animal Act, 1995, there was no provision about seizure and confiscation of the “means of conveyance” which is used in connection with commission of offence punishable under this Act, however, when this gap was brought to notice of the State legislature and it was proposed that provision is required to be inserted in the RBA Act, 1995, for seizure and confiscation of the means of conveyance, on the similar line of provisions as contained under Section 69 of the Rajasthan Excise Act, 1950, the State Legislature inserted Section 6-A in the RBA Act, 1995, by introducing the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) (Amendment) Act, 2018 w.e.f. 05.12.2019, to accomplish such aim and object. The provision of seizure and disposal of the Bovine Animal was available in the original RBA Act, under Section 7. For ready reference, newly inserted provision of Section 6-A and already existed provision of Section 7, of the Rajasthan Bovine Animal Act, 1995, are being reproduced here under:-

“6-A. Confiscation of the means of conveyance.- (1) Whenever an offence punishable under this Act is committed, any means of conveyance used in the commission of such offence shall be liable to confiscation.

(2) Where any means of conveyance referred to in sub- Section (1) is seized in connection with the commission of any offence punishable under this Act, a report of such seizure shall, without unreasonable delay, be made by the person seizing it to the Competent Authority and whether or not a prosecution is instituted for commission of such offence, the Competent Authority, having jurisdiction over the area where the said means of conveyance was seized, may, if satisfied that the said means of conveyance was used for commission of offence under this Act, order confiscation of the said means of conveyance:

Provided that before ordering confiscation of the said means of conveyance a reasonable opportunity of being heard shall be afforded to the owner of the said means of conveyance and if such owner satisfied the Competent Authority that he had no reason to believe that such offence was being or likely to be committed and he had exercised due care in the prevention of the commission of such an offence, the Competent Authority may not confiscate the said means of conveyance:

Provided further that where such means of conveyance is owned by the Central Government or