Gujarat High Court
Adani Capital Pvt Ltd. Through ... vs State Of Gujarat on 25 November, 2024
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R/SCR.A/1646/2024 ORDER DATED: 25/11/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (MODIFICATION/DELETION OF
CONDITION) NO. 1646 of 2024
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ADANI CAPITAL PVT LTD. THROUGH ALPESHKUMAR DHIRUBHAI PATEL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR. DHRUVIK K PATEL(7769) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3
MS. C.M. SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 25/11/2024
ORAL ORDER
1. The present petition is filed by the present petitioner
seeking for the following reliefs:
"A. YOUR LORSHIPS may be pleased to modify the order
dated 16.02.2023 (Annexure E) passed by Hon'ble Principal
Session Judge, Kheda in Criminal Revision Application no. 6
of 2023;
B. YOUR LORSHIPS may be pleased to permit the
petitioner company to hold auction and sold the vehicle in
question i.e. Bronze Tata Mega XL Bsiv bearing registration
No. GJ-07-YZ-7454 to recover the outstanding dues on
suitable conditions;
C. Any other or further order, which Your Lordships deem
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fit be passed in the interest of justice."
2. Brief facts of the case as per the case of the present
petitioner in this petition are as under:
2.1 The respondent no.3 had approached the petitioner
company to obtain the loan facility for purchase of vehicle i.e.
Bronze Tata Mega XL Bsiv. That the petitioner company
after verifying the details with the dealer had sanctioned the
loan amount to Rs. 4,95,318.00/- to the respondent no.3 and
the loan agreement was also executed between the petitioner
company and the respondent no.3 on 26.02.2019 wherein, the
vehicle in question was hypothecated by the respondent no.3
before the petitioner company as security towards the loan. It
is further the case of the petitioner in this petition that as
the loan was taken by the respondent no.3 by hypothecating
the vehicle in question, the hypothecation of the petitioner
company is also mentioned in the Registration Certificate
Book issued by the concerned R.T.O. Furthermore, the
respondent no.3 herein as breach the terms and conditions of
the agreement by not repaying the loan amount in time and
there is an outstanding of Rs. 7,01,722/- as on 04.01.2024.
Then after, the petitioner company had given various notices
calling upon the respondent no.3 to pay the outstanding loan
amount. It is further the case of the petitioner in this
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petition that one FIR is registered in Matar Police Station,
Dist. Nadiad against the accused mentioned therein being
Prohibition C. R. No 11204040210027 of 2021 under section
5(1) Gujarat Animal Protection Act read with 5,6,(b), 8 of
Animal Preservation Act. Then, the Police Inspector, Matar
has seized the vehicle in question during the course of
investigation. Hence, the petitioner had preferred application
seeking custody and sale permission of the aforesaid vehicle
before the learned Magistrate. The muddamal application for
custody of the aforesaid vehicle was rejected by the Ld.
Magistrate u/s. 451 of Cr.P.C. vide order dated 12.10.2022.
However, as the permission to sale was refused, the
petitioner preferred the revision application being Criminal
Revision Application No. 6 of 2023 before the Hon'ble District
Court, Kheda. That the revision application came to be
allowed vide order dated 16.02.2023. The petitioner had
preferred this application for sale permission of the aforesaid
vehicle before this Court.
3. Heard learned advocate Mr. Dhruvik Patel for the
petitioner and Ms. C.M. Shah, learned APP for the
respondent - State.
4. Learned advocate Mr. Dhruvik Patel for the petitioner
has prayed that permission can be granted to dispose of the
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vehicle during the pendency of the trial, which is registered
under the provisions of Section 5(1) of the Gujarat Animal
Protection Act read with Section 5, 6 (b), 8 of the Animal
Preservation Act. He has also submitted that trial is going
on otherwise the provision in the Act is that the State can
forfeit the Muddamal by disposing it of by way of auction
and, therefore, he is also ready to abide by any condition if
the condition is fulfilled. Therefore, he has prayed to allow
the present petition.
5. Ms. C.M. Shah, learned APP for the respondent - State
has strongly opposed the submissions made at the bar by
learned advocate for the petitioner and has contended that
during pendency of the trial, once the goods are released, it
will very harmful that the vehicle is permitted to be sold
that too in the serious offences, which is committed by the
present petitioner. It is submitted that if such permission is
granted, it will create reversible situation for the State to
take any further action in the matter. Therefore, she has
prayed to dismiss the present petition.
6.1 I have considered the rival submissions made at the
bar. I have also considered the provisions of Section 5(1) of
the Gujarat Animal Protection Act read with Section 5, 6 (b),
8 of the Gujarat Animal Preservation Act, as under:
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"Section 5 in The Gujarat Animal Preservation Act, 1954:-
5. Prohibition against slaughter without certificate from
Competent Authority
(1) Notwithstanding any law for the time being in force or
any usage to the contrary, no person shall slaughter or
cause to be slaughtered any animal unless, he has obtained
in respect of such animal a certificate in writing from the
Competent Authority appointed for the area that the animal
is fit for slaughter.
(1A) No certificate under sub-section (7) shall be granted in
respect of--
(a) a cow ;
(b) the calf of a cow, whether male or female and if male,
whether castrated or not ;
(c) a bull ;
(d) a bullock ;
(2) In respect of an animal to which sub-section (1A) does
not apply, no certificate shall be granted under sub-section
(1) if in the opinion of the Competent Authority-
(a) the animal, whether male or female, is useful or likely
to become useful for the purpose of draught or any kind of
agricultural operations;
(b) the animal if male, is useful or likely to become useful
for the purpose of breeding ;
(c) the animal, if female, is useful or likely to become
useful for the purpose of giving milk or bearing offspring.
(3) Nothing in this section shall apply to-
(a) the slaughter of any of the following animals for such
bonafide religious purposes, as may be prescribed, namely :-
(i) any animal above the age of fifteen years other than a
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cow, bull or bullock.
(b) the slaughter of any animal not being a cow or a calf
of a cow, bull or bullock, on such religious days as may be
prescribed :
Provided that a certificate in writing for the slaughter
referred to in clause (a) or (b) has been obtained from the
competent authority.
(4) The State Government may, at any time for the purpose
of satisfying itself as to the legality or propriety of any
order passed by a Competent Authority granting or refusing
to grant any certificate under this section, call for and
examine the records of the case and may pass such order
in reference thereto as it thinks fit.
(5) A certificate under this section shall be granted in such
form and on payment of such fee as may be prescribed.
(6) Subject to the provision of sub-section (4) any order
passed by the Competent Authority granting or refusing to
grant a certificate, and any order passed by the State
Government under sub-section (4) shall be final and shall
not be called in question in any Court.
Section 6B in The Gujarat Animal Preservation Act, 1954:-
6B. Prohibition against selling or buying beef or beef
products
(1) No person shall directly or indirectly sell, keep, store,
transport, offer or expose for sell or buy beef or beef
products in any form.
(2) Whenever any person transports or causes to be
transported the beef or beef products, such vehicle or any
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conveyance used in transporting such beef or beef products
alongwith such beef or beef products shall be liable to be
seized by such authority or officer as the State Government
may appoint in this behalf.
(3) The vehicle or conveyance so seized under sub-section
(2) shall not be released by the order of the court on bond
or surety before the expiry of six months from the date of
such seizure or till the final judgment of the court,
whichever is earlier.
Explanation.- For the purpose of this section "beef" means
flesh of any animal specified in sub-section (1A) of section
5, in any form.
Section 8 in The Gujarat Animal Preservation Act, 1954:-
8. Penalties
(1) Whoever in contravention of the provisions of sub-section
(1) of section 5, slaughters any animal without a certificate
for which such certificate is required, shall, on conviction be
punished with imprisonment for a term which may extend
to one year and with fine which may extend to ten
thousand rupees.
(2) Whoever in contravention of the provisions of sub-section
(1) of section 5, slaughters any animal as specified in sub-
section (1A) of section 5 shall, on conviction, be punished
with imprisonment for a term which may extend to seven
years but shall not be less than three years and with fine
which may extend to fifty thousand rupees.
(3) Whoever contravenes the provisions of sections 6 shall,
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on conviction, be punished with imprisonment for a term
which may extend to one year and with fine which may
extend to ten thousand rupees.
(4) Whoever contravenes the provisions of section 6A or 6B
shall, on conviction, be punished with imprisonment for a
term which may extend to three years and with fine which
may extend to twenty-five thousand rupees."
6.2 Considering the same, I am of the view that the trial
is in progress, though the vehicle which is involved in the
proceedings are released, which is is already released by the
Court, however, on certain condition that as and when it is
required, the petitioner shall produce the same before the
concerned Officer/Court. If permission as sought for to sell
the Muddamal i.e. vehicle is granted, then the entire trial
will get affected and in case of need, the prosecution will
also not be in a position to conduct the fair trial and in
case of need, the State will also not be in a position to
process for further confiscation and thereafter, disposing of
the same by way of following necessary procedure prescribed
under the Act. Otherwise also, normal rule is that during the
pendency of the trial, if the item of Muddamal is not
perishable goods, then normally the Court should not permit
the owner of the goods to dispose of such item of Muddamal.
The present vehicle is not perishable and, therefore on that
count also, there is no substance in the present application
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for allowing the present application, and the same is required
to be dismissed as no prayer can be granted.
7. In view of the above, the present petition is dismissed
with no order as to costs. Notice stands discharged.
(SANDEEP N. BHATT,J)
DIWAKAR SHUKLA
