Gujarat High Court
Mohanbhai Hamirbhai Rabari vs State Of Gujarat on 16 June, 2023
Bench: Samir J. Dave
R/SCR.A/9234/2022 ORDER DATED: 16/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 9234 of 2022
==========================================================
MOHANBHAI HAMIRBHAI RABARI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
ROMESH C NIVEN(9064) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS ASMITA PATEL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 16/06/2023
ORAL ORDER
[1] Rule. Learned APP waives service of notice of rule for and
on behalf of respondent - State.
[2] By way of this petition, the petitioner has prayed to quash
and set aside the order dated 18.07.2022 passed by the Sessions Court, at
Bhachau Kachchh in Criminal Revision Application No.15 of 2022
confirming the order dated 08.06.2022 passed by the Magisterial Court at
Rapar and also prayed to release the muddamal i.e. 57 goats and 150
sheep, which were seized in connection with the FIR being
C.R.No.11993005220110 registered with Adesar Police Station, Dist.
Kachchh for the offence punishable under Section 11(d)(l) of the
Prevention of Cruelty to Animals Act and Sections 5, 6, 8 and 10 of the
Gujarat Animal Preservation Act, on suitable terms and conditions.
[3] Learned advocate for the petitioner submitted that the
muddamal has been detained in connection with the alleged offence
R/SCR.A/9234/2022 ORDER DATED: 16/06/2023
mentioned in the FIR and that if the interim custody of the muddamal is
not given, serious prejudice would be caused to the petitioner as the
muddamal buffaloes is his source of income and he is solely dependent
upon the seized buffaloes. He further submits that, seized muddamal i.e.
57 goats and 150 sheep are lying in the police station since 16.05.2022
and therefore, petitioner is not able to carry out his business of selling
milk from the live stock and he is suffering from huge financial loss due
to non-availability of said live stock. He further submits that the
petitioner is doing his business and he is not at all involved in such illegal
activities and the petitioner has no criminal antecedents. It is submitted
that the sections mentioned in the FIR is not applicable to the present case
and considering that aspect, the accused persons are released on bail.
[4] The attention of the Court was invited to the judgment of the
Apex Court in the case of Sunderbhai Ambalal Desai v. State of Gujarat,
AIR 2003 SC 638.
[5] Considering the factual aspects of the case and the principle
rendered in Sunderbhai Ambalal Desai's case (supra), this Court is of the
considered opinion that the custody of the muddamal i.e. 57 goats and
150 sheep, if granted in favour of the petitioner on stringent terms and
conditions, no prejudice is likely to be caused to the prosecution.
[6] In the result, the petition is allowed. Both the above orders
passed by the learned Courts below are quashed and set aside. The
authority concerned is directed to release the muddamal of the petitioner
i.e. 57 goats and 150 sheep, on the usual terms and on condition that the
petitioner;
R/SCR.A/9234/2022 ORDER DATED: 16/06/2023
(i) shall furnish, by way of security, bond as stated in the seizure
memo;
7. Rule is made absolute. Directz service is permitted.
(SAMIR J. DAVE,J)
MEHUL B. TUVAR
