2024 Supreme(Online)(RAJ) 105
HIGH COURT OF JUDICATURE FOR RAJASTHAN - JAIPUR BEN
MR. JUSTICE SUDESH BANSAL, J
RAMESHWAR S/O BALCHAND – Appellant
Versus
STATE OF RAJAJSTHAN – Respondent
CRLMP / 2097 / 2024
Advocates:
Mr. Dushyant Singh Naruka, Mr. Anant Sharma with Ms. Sunita Meena, Mr. Ankit Khandelwal, Mr. Jiya Ur Rahman, Mr. Anurag Sharma, Mr. S.S. Hora, Mr. Pankaj Gupta, Mr. Sudhir Jain, Mr. Rajneesh Gupta, Mr. S.S. Mahla, PP
The Rajasthan Bovine Animal Act, 1995's Section 6-A grants the District Collector quasi-judicial powers for vehicle confiscation, excluding court jurisdiction, and lacks a statutory appeal remedy, necessitating legislative amendment.
Headnote:(A) Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 - Section 6-A - Jurisdiction of District Collector regarding confiscation of vehicles used in commission of offences under the Act - The court examined the powers of the District Collector to confiscate vehicles seized by police under the Act, emphasizing that the proceedings are quasi-judicial and distinct from criminal proceedings. The court noted that the Competent Authority must afford a reasonable opportunity to the vehicle owner before confiscation and that the jurisdiction of any court is expressly excluded under Section 6-A. The court concluded that the absence of a statutory remedy of appeal against the Collector's orders under Section 6-A is a significant gap that should be addressed by the legislature. (Paras 1-48)
(B) Criminal Procedure Code, 1973 - Section 482 - Inherent powers of High Court - The court clarified that it cannot interfere with the orders of the Competent Authority under Section 6-A in exercise of its inherent powers, as the authority does not act as a criminal court. The court recommended that the legislature consider providing a remedy of appeal against the orders of confiscation under Section 6-A. (Paras 30, 43-44)
JUDGEMENTReserved 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.
(3 of 53) 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:-
(4 of 53) “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 Ce
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