Gujarat High Court
Imrankhan Elamkhan Pathan vs State Of Gujarat on 19 June, 2023
Bench: Samir J. Dave
R/SCR.A/2787/2022 ORDER DATED: 19/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 2787 of 2022
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IMRANKHAN ELAMKHAN PATHAN
Versus
STATE OF GUJARAT
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Appearance:
MR ATIT THAKORE FOR MR.HASMUKH S SOLANKI(6778) for the
Applicant(s) No. 1
MR BJ TRIVEDI(921) for the Respondent(s) No. 2
MR JT TRIVEDI(931) for the Respondent(s) No. 2
MR L. B. DABHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 19/06/2023
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 08.10.2021 passed by 4 th Additional
Sessions Judge, Mehsana in Criminal Revision Application No.28 of
2021 rejecting the order dated 01.03.2021 passed by the Chief
Judicial Magistrate, Mahesana and also prayed to release the
muddamal i.e. 47 buffaloes, which were seized in connection with
the FIR being C.R.No.1120603821005 of 2021 registered with
Laghnaj Police Station, Mehsana for the offence punishable under
sections 11(1)(a), 11(1)(d), 11(1)(e), 11(1)(h) and 11(1)(k) of
Prevention of Cruelty to Animals Act, Sections 11(E)(L) Animal
Preservation Act and Section 125(e) of the Central Motor Vehicles
(Eleventh Amendment) Rules, 2015 as well as Section 114 of the
Indian Penal Code and Section 119 of the Gujarat Police Act, on
suitable terms and conditions.
R/SCR.A/2787/2022 ORDER DATED: 19/06/2023
3. Learned advocate for the petitioner submitted that the
muddamal has been detained in connection with the alleged offence
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 the source of his income
and he is solely dependent upon the seized buffaloes. He further
submits that, seized muddamal i.e. 47 buffaloes are lying in the
police station since 28.01.2021 and therefore, petitioner is not able
to carry out his business of selling milk from buffaloes and he is
suffering from huge financial loss due to non-availability of said
buffaloes. 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 as well as in the case of State of U.P.
Vs. Mustakeem & Ors, 2002 (3) G.L.H. (U.J.) 8.
5. Considering the factual aspects of the case and the principle
rendered in Sunderbhai Ambalal Desai's case as well as State of
U.P's case (supra), this Court is of the considered opinion that the
custody of the muddamal i.e. 47 buffaloes, if granted in favour of
the applicant 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
R/SCR.A/2787/2022 ORDER DATED: 19/06/2023
authority concerned is directed to release the muddamal of the
petitioner i.e. 47 buffaloes, on the usual terms and conditions and
on condition that the petitioner;
(i) shall furnish, by way of security, bond as stated in the
seizure memo;
8. Rule is made absolute. Direct service is permitted.
(SAMIR J. DAVE,J)
RINKU MALI
