Bombay High Court
Mohammad Muddasir Abdur Bashir Qureshi vs The State Of Maharashtra Thr. Dgp, Akola ... on 16 October, 2025
2025:BHC-NAG:11039
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 977/2024
Mohammad Muddasir Abdul
Bashir Qureshi, Age 30 yrs.,
Occ. Labour, R/o. Near Fish Market
Kagzipura, Subhash Road, Akola,
Dist. Akola.
...PETITIONER
VERSUS
1. The State of Maharashtra
through DGP, Akola,
Dist. Akola.
2. Police Station Officer,
Police Station, Ramdaspeth,
Dist. Akola.
...RESPONDENTS
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Mr. Syed Salman Ali, Advocate for petitioner.
Mr. Bhagwan M. Lonare, APP for respondent Nos. 1 & 2.
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CORAM : M. M. NERLIKAR, J.
DATE : 16.10.2025
ORAL JUDGMENT :
Heard.
2. By way of this petition filed under Articles 226 and
227 of the Constitution of India, the petitioner is challenging
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the order dated 01.07.2023 passed by the learned Additional
Sessions Judge, Akola in Criminal Revision Application
No.51/2023 and the order dated 02.01.2023 passed by the
learned Judicial Magistrate First Class, Akola in R.C.C.
No.1406/2022 below Exh.3 and further the petitioner prays for
the custody of the vehicle bearing Registration No. MH-30-BD-
2789 (TATA Intra V20 BS-IV).
3. First Information Report ("FIR") No.348/2022 was
registered under Sections 5, 5(a), 5(b), 9 of the Maharashtra
Animal Preservation Act, 1976 read with Section 11 of the
Prevention of Cruelty to Animals Act,1960. It was alleged that
the accused were carrying animals for slaughtering purpose in
the vehicle owned by the present petitioner. After the seizure of
the vehicle, the petitioner preferred MCA NO.1037/2022 before
filing of the charge-sheet under Sections 457 of the Code of
Criminal Procedure ("Code") for releasing the vehicle on
Supratnama, but the said application was rejected by the
learned Magistrate by an order dated 30.06.2022. Thereafter,
revision was preferred, even the said revision was also
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dismissed. After completion of the investigation and filing of
the charge-sheet, again an application was moved under
Section 451 of the Code claiming interim custody of the vehicle.
The said application was rejected by an order dated
02.01.2023. Against the said order, a Revision Application
No.51/2023 was preferred by the petitioner, even the said
revision application was also dismissed. Against both these said
orders, the present petition is preferred.
4. The learned counsel for the petitioner submits that the
vehicle is lying idle and no purpose would be served in
detaining the vehicle. He submits that petitioner being the
owner of the vehicle is not in dispute. He submits that though
the petitioner is not accused in the offence, both the Courts
below committed an error. He further submits that the
petitioner had preferred Criminal Writ Petition No. 656/2025,
wherein this Court has allowed the petition by directing the
release of the said vehicle which is the subject matter of the
present petition.
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5. On the other hand, learned APP submits that vehicle of
the petitioner is handed over in identical crime and this is
another offence, wherein the allegations pertain to cruelty
towards animals. There is every possibility that the petitioner
will again indulge in the transportation of the animals without
complying with the provisions of the law. He further submits
that both the Courts below have rightly passed the orders and
therefore, no interference is called for.
6. Upon hearing the learned counsel for the petitioner
and learned APP for the State, it appears that this is the second
offence which was registered, wherein the the vehicle of the
present petitioner is allegedly involved. No doubt, the vehicle
of the petitioner is involved in two crimes, however the vehicle
can be released by imposing stringent terms and conditions.
Even otherwise no purpose would be served, if the vehicle
remains idle. The cost of the vehicle would be decreased and
the condition would deteriorate by keeping it idle. If the
present petition is rejected then there would be no compliance
of the order dated 08.10.2025 passed in Criminal Writ Petition
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No.656/2025, wherein the same vehicle was directed to be
released. By imposing stringent terms and conditions on the
petitioner, in my opinion the vehicle can be released, hence this
Court passes the following order:-
(I) Criminal Writ Petition is allowed.
(II) The vehicle Tata Intra V20 BS-IV, bearing
Registration No. MH-30-BD-2789, Chassis No.
MAT535067KYE12170 and Engine No.
1400DIO1EPYS77935 shall be released, and custody
shall be handed over to the present petitioner;
(III) The petitioner shall submit an undertaking before
the Trial Court stating that:
(i) He shall produce the said vehicle as and when
required during the course of the trial;
He shall not alter or modify the structure of the said
vehicle;
(ii) He shall not use the vehicle for any illegal activity
or for committing any offence under Section 11 of the
Prevention of Cruelty to Animals Act, 1960;
(iii) He shall not sell, transfer, or create any third-
party interest in respect of the said vehicle until the
conclusion of the trial;
(iv) The petitioner shall deposit a sum of Rs. 1,00,000/-
with the Court below towards the care and maintenance of
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the animals seized from the petitioner's vehicle. Upon such
deposit, the vehicle shall be released to the petitioner;
7. Rule is made absolute in above terms.
8. Pending applications are disposed of accordingly.
( M. M. NERLIKAR , J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PS To Honourable Judge
Date: 16/10/2025 17:18:36
