S.B. CRI. MISC. PETITION NO. 1467/2011

(Jitendra Vs. State of Rajasthan)

DATE OF ORDER : 27.09.2011

HON'BLE MR. JUSTICE SANDEEP MEHTA

Mr. Jitendra, petitioner, present in person.

Mr. Mahipal Bishnoi, Public Prosecutor.

The petitioner – Jitendra submits that in this case, two

vehicles were seized in the investigation of FIR No.125/2011

registered for offences under Sections 3, 5, 6, 8, 9 and 10 of the

Rajasthan Bovine Animal (Prohibition of Slaughter and

Regulation of Temporary Immigration) Act.

The application under Section 451 Cr.P.C. was filed for

releasing the two vehicles, which was rejected on 29.06.2011 by

the learned trial court. In this case, Ifran was the owner of the

truck seized and the petitioner was the owner of the Tata Indica

Car seized during the course of investigation in the aforesaid FIR

No.125/2011. The revision filed against the order of the learned

trial court dated 29.06.2011 was also rejected by the learned

Sessions Judge, Banswara and the rejection of the application

under Section 451 Cr.P.C. was upheld.

This Court considered the misc. petition under Section 482

Cr.P.C. filed on behalf of co-accused Irfan, who was the

registered owner of the truck and the said misc. petition

No.1466/2011 has been allowed by this Court on 12.09.2011.

While considering the said petition, this court observed that

there is no provision in the Bovine Animals Act for confiscation of

the vehicle in question and that the said Act reveals that there is

no provision in the Act whereby the means of transportation can

be confiscated.

In this view of the matter, there cannot be any reason to

deny the interim custody of the vehicle to its registered owner.

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Accordingly, this criminal misc. petition is allowed. The

learned Judicial Magistrate is directed to release the vehicle in

question i.e. the Tata Indica Car bearing registration No.M.P.-09

CB-6034 to the petitioner on Supardginama. The terms of the

Supardginama shall be determined by the learned Magistrate.

(SANDEEP MEHTA), J.

ms rathore