State Of Gujarat vs Sheikh Irfanhusain Sabirmiya
2021 Latest Caselaw 3726 Guj

        R/SCR.A/1395/2021                                     ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION NO. 1395 of 2021

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                          STATE OF GUJARAT
                                 Versus
                     SHEIKH IRFANHUSAIN SABIRMIYA
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Appearance:
MR. MANAN MEHTA, APP for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                            Date : 03/03/2021

                             ORAL ORDER

By way of present application, the applicant-State has prayed to

quash and set aside the order dated 07.10.2020 passed by learned District

& Sessions Judge, Nadiad, Kheda in Criminal Revision Application

No.80 of 2020 and permit to detain the vehicle involved in the

commission of the offence and has further prayed to stay the effect and

operation of the order dated 07.10.2020 passed in Criminal Revision

Application No.80 of 2020.

Heard learned APP for the applicant-State.

Having heard learned APP for the applicant-State, order passed by

the learned Trial Court is bad in law, erroneous and against the settled

proposition of law. That the order passed by learned Judicial Magistrate

First Class, Gandhinagar even though and the contradictory direction

R/SCR.A/1395/2021 ORDER

given by this Court in Pareshkumar Bhrahmbhatt vs. State of Gujarat

2018 (1) GLR 558 order passed by the Hon'ble Mr. Justice J.B.

Pardiwala. That in the said matter it was held by this Court that the

learned District Court has no jurisdiction to release any muddamal under

Sections 451 and 457 of the Cr.P.C. It had been defined under the

provision of Gujarat Prohibition Act. That the learned Appellate Court

had failed to property interpret the rule 4(A) of the Gujarat Animal

Protection Act. That as per the rule 4(A) of the animal capturing in the

vehicle dehors the provision of the law. That said vehicle had been

detained, subsequently can be confiscated as a part of the punishment

under the said Act. It was specifically clear the provision under the

Animal Protection Act is similar to provision of the Gujarat Prohibition

(Liquor and determination of quantity cease liquor) Rules, 2019. In

Sections 98 and 99 of the said Act it is the banned to release the any

vehicle on bond or surety till the final judgment of the Court. That

learned Trial Court ought to have considered that the learned Trial Court

has no jurisdiction under Sections 451 and 457 of the Cr.P.C. to order

interim release pending the trial of the cease vehicle when it had been

detained under the Special Act and the provision of the Special Act is

applied, the general provision of under Sections 451 and 457 of the

Cr.P.C. will not over ride any provision of the Special Act.

Having peculiar facts and circumstances of present case, it appears

R/SCR.A/1395/2021 ORDER

that the complaint was registered on 23.11.2019 with Mahuda Police

Station and application for releasing the muddamal was dismissed by the

learned Chief Judicial Magistrate, Mahuda on 06.01.2020 Thereafter,

Revision Application was preferred by the present respondent i.e.

Criminal Revision Application No.80 of 2020 before the learned District

and Sessions Judge, Nadiad, Kheda, wherein the learned District &

Sessions Judge, Nadiad, Kheda was pleased to allow the application for

releasing the muddamal vehicle with certain conditions by order dated

07.10.2020. As one year has already passed after seizing the muddamal

vehicle in connection with the impugned complaint and now without

entering into the merits of the issue raised by the applicant-State in the

matter, let order dated 07.10.2020 passed by learned District & Sessions

Judge, Nadiad, Kheda in Criminal Revision Application No.80 of 2020

be continued as there was no bar of Section 6(A)(4) of Prevention of

Cruelty to Animals Act, and accordingly, the order dated 07.10.2020

passed by learned District & Sessions Judge, Nadiad, Kheda in Criminal

Revision Application No.80 of 2020 is ordered to be confirmed.

With the above observations, present application stands rejected.

Rule stands discharged.

(B.N. KARIA, J) SUYASH