HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 2385 / 2017

Nadeem Khan S/o Nawab Khan, B/c Muslim, R/o 130-A, Village

Bhandal, P.S. Doghat, Tehsil Badot, District Bagpat, Uttar Pradesh.

----Petitioner

Versus

State of Rajasthan

----Respondent

_____________________________________________________

For Petitioner(s) : Mr.Farzand Ali with Mr.Naman Mohnot

For Respondent(s) : Mr.M.S.Panwar PP for the State.

_____________________________________________________

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

08/08/2017

1.

This criminal misc. petition under Section 482 Cr.P.C.

has been preferred against the order dated 29.05.2017 passed by

learned Divisional Commissioner, District Jodhpur in Criminal

Appeal No.1/2017 and against the order dated 22.02.2017 passed

by learned Collector and District Magistrate, Barmer in Criminal

Misc. Case No.13/2017, whereby the learned Collector has

dismissed the application moved by the petitioner under Section 7

of the Rajasthan Camel (Prohibition of Slaughter and Regulation of

Temporary Migration or Export) Act, 2015 for releasing the sezied

camels.

2.

It is pointed out by learned counsel for the petitioner

from the impugned order and is an accepted fact that a valid

permit was available with the petitioner issued by the concerned

Authority dated 18.01.2017.

(2 of 2)

[CRLMP-2385/2017]

3.

The case of the petitioner is that the petitioner ought to

have travelled alongwith his camels within the stipulated period in

the permit, but instead, he was away from the destination and the

camels were tied roughly and the place of seizure of the camels

did not have ample facility of food and water for the camels.

4.

Without prejudice to the merits of the case, the present

misc. petition is allowed and the order dated 29.05.2017 passed

by learned Divisional Commissioner, District Jodhpur in Criminal

Appeal No.1/2017 and the order dated 22.02.2017 passed by

learned Collector and District Magistrate, Barmer in Criminal Misc.

Case No.13/2017 are quashed and set aside. The camels seized in

connection with FIR No.16/2017 registered at Police Station

Sindhari, District Barmer shall be released to the satisfaction of

the concerned trial court at Balotra, who may take the necessary

security amount. The order of release shall remain applicable until

final order is passed under the Rajasthan Camel (Prohibition of

Slaughter and Regulation of Temporary Migration or Export) Act,

2015. The petitioner shall be bound down by necessary

undertaking and security, as per supardginama to the satisfaction

of the concerned trial court at Balotra.

(DR. PUSHPENDRA SINGH BHATI)J.

Skant/-