Riyasat vs The State Of Madhya Pradesh
2023 Latest Caselaw 16854 MP

                            1                  MISC. CRIMINAL CASE No. 26217 of 2023
                             IN THE HIGH COURTOF MADHYA PRADESH
                                         AT G WA L I O R
                                                      BEFORE
                                    HON'BLE SMT. JUSTICE SUNITA YADAV
                                      ON THE 11th OF OCTOBER, 2023

                                    MISC. CRIMINAL CASE No. 26217 of 2023

                           BETWEEN:-
                           RIYASAT S/O SHRI ALLAUDDIN, AGED ABOUT 60
                           YEARS, OCCUPATION: TRANSPORTER, R/O HOUSE
                           NO 221 MOHAMMAD IBRAHIMPUR POST THAMLA
                           TEHSIL BELLARI, DISTRICT MURADABAD (UTTAR
                           PRADESH)
                                                                            .....APPLICANT
                           (BY MR. ARSHAD ALI M. HAQUE - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH
                           POLICE STATION ARON, DISTRICT GUNA (MADHYA
                           PRADESH)
                                                                  .....RESPONDENT/STATE
                           (BY MR. DHEERAJ KUMAR BUDHOLIYA - PANEL LAWYER)
                                 This application coming on for Admission this day, the court

                           passed the following:

                                                       ORDER

The present petition u/S.482 of Cr.P.C. has been filed being

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/12/2023 5:32:06 PM 2 MISC. CRIMINAL CASE No. 26217 of 2023 aggrieved by order dated 10.02.2022 passed by Judicial Magistrate

First Class, Aron, District Guna and order dated 18.05.2022 passed

by 5th Additional Session Judge, Guna District Guna, whereby

application under Section 451 and 457 of Cr.P.C. filed by the

petitioner has been dismissed.

2. The facts in brief to decide this petition are that on

19.11.2022 early in the morning the In-charge of Police Station,

Aron, District Guna got information about in vehicle bearing

Registration No. UP 21/BN-7677, cows and oxen were being

transported by a truck for slaughtering them. Upon receiving the

report, the truck was intercepted and it was found that cow progeny

were being transported for slaughtering. The truck as well as cow

progeny were seized and order was passed by the Collector for

confiscation of vehicle. The present petitioner filed an application

for releasing the seized vehicle which was dismissed by the trial

court. The petitioner has challenged the order of JMFC before the

5th Additional Session Judge, Guna by filing the revision petition

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/12/2023 5:32:06 PM 3 MISC. CRIMINAL CASE No. 26217 of 2023 which was also dismissed vide order dated 18.05.2022. Hence, the

present petition.

3. Learned counsel for the petitioner argued that the impugned

order passed by JMFC, Aron, 5th Additional Sessions Judge, Guna

and Collector Guna are contrary to the law, and therefore, deserves

to be set aside. Under the M.P. Govansh Vadh Pratishedh

Adhiniyam, 2012 confiscation proceeding cannot continue parallel

to the criminal proceeding before the Court of Judicial Magistrate.

Further submission is that in the case of Madhukar Rao Vs. State

of M.P. and Others reported in 2000(1) JLJ 304 and also on the

judgment of Hon'ble Supreme Court in the case of State of M.P.

and Others Vs. Madhukar Rao, reported in 2008 (1) JLJ 427 it is

held that when the trial Court did not find the accused guilty of

alleged offence under the act, confiscation of the property is not

possible. In this case the criminal case is still pending, therefore, in

light of the settled principle of law, the application be allowed and

interim custody of seized vehicle be given to the petitioner.

Signature Not Verified
Signed by: LOKENDRA JAIN
Signing time: 10/12/2023
5:32:06 PM
                                 4                MISC. CRIMINAL CASE No. 26217 of 2023

4. By filing the reply, respondent/State opposed the prayer of

the petitioner. It is further argued that the case bearing Crime

No.826 of 21 with regard to offence punishable under Sections 4,6

and 9 of M.P. Govansh Vadh Pratished Adhiniyam, 2004 and

Section 4,6,10 and 11 of M.P. Krashak Pashu Parishan Adhiniyam

(Prevention of Cruelty to Animal Act), Section 66 and 192 of Motor

Vehicle Act and Section 429 of IPC has been registered. After

investigation, charge-sheet bearing No. 141 of 2021 filed before

competent Court which was registered as Case No. 111 of 2021.

The case is still pending before Judicial Magistrate First Class,

Aron, District Guna and the next date of hearing is 29.11.2023.

Further submission is that Collector/District Magistrate confiscated

the vehicle bearing No. UP 21 BN/7677 vide order dated

16.11.2021 and proceeding for auction of vehicle is still pending. In

such circumstances, the orders passed by learned courts below are

in accordance with law and need no interference at all, therefore,

prays for dismissal of present petition.

Signature Not Verified
Signed by: LOKENDRA JAIN
Signing time: 10/12/2023
5:32:06 PM
                                 5                     MISC. CRIMINAL CASE No. 26217 of 2023

5. Heard learned counsel for the parties and perused the record.

6. On perusal of record reveals that the Collector Guna by its

order dated 16.11.2021 in case no./0001/xkSoa'k/2021 has passed the

order to confiscate the seized vehicle truck No. UP21 BN 7677.

7. In the case of Raees Vs. State of M.P., reported in 2013(5)

MPHT 233, the Coordinate Bench of this Court at Indore has held

that after seizure of vehicle for offence under M.P. Govansh Vadh

Pratishedh Adhiniyam, 2004 and Section 11 of Prevention of

Cruelty to Animals Act, 1960, the application for interim release of

vehicle can be allowed during the pendency of trial.

8. In the case of Sarvan S/o Prahalad Suraha (supra), the Co-

ordinate Bench of this Court while passing the order observed:

"4. However, in this case, the vehicle is already ordered to be confiscated by the two courts below and also revision filed before the Sessions Court has been dismissed by the impugned order, therefore, following questions arise in this case for consideration to decide the application for the releasing the vehicle seized for the offences under Sections 4, 6(a)/9 of M.P. Govansh Vadh Pratishedh Adhiniyam,"

"(i) whether, under MP Govansh Vadh Pratishedh

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/12/2023 5:32:06 PM 6 MISC. CRIMINAL CASE No. 26217 of 2023 Adhiniyam and Rules made thereunder known as MP Govansh Vadh Pratishedh Rules, 2012 confiscation proceeding can continue parallel to the criminal proceeding pending before the Court of Judicial Magistrate?; and

(ii) whether, an order, ordering confiscation of the vehicle and cow progeny can only be passed after conclusion of trial before the Judicial Magistrate in which it was held that offence under the Act was committed and the vehicle was used for transporting cow progeny for slaughtering?

9. In the said case after discussing the relevant provisions in

detail, the questions were answered as below:

"1. If the proceedings for confiscation before District Magistrate have already been initiated, the District Magistrate can continue the proceedings, however, no final order can be passed.

2. Final order in the proceedings can be passed only after conclusion of trial before the Judicial Magistrate in which it was held that the offence under the Act was committed and the vehicle was used in transporting the cow progeny for slaughter."

10. The facts of above mentioned case Sarvan S/o Prahalad

Suraha (supra) are similar to this case as in present case also the

order for confiscation has been passed by the collector. The order of

the Collector in this case shows that the copy of the said order was

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/12/2023 5:32:06 PM 7 MISC. CRIMINAL CASE No. 26217 of 2023 sent to S.P. Guna to further direct the SHO Police Station Aron to

do the proceeding for auction of the seized vehicle. Thus, the

proceedings to confiscate the vehicle in question were on parallel to

the criminal proceeding pending before the Court of Judicial

Magistrate.

11. Consequently in view of the principle laid down in the case

of Sarvan S/o Prahalad Suraha (supra) the impugned order is not

found to be sustainable.

12. Further, in the case of Sundarbhai Ambala Desai vs. State

of Gujarat, [(2002) 10 SCC 283], the Apex Court has held that "it

is of no use to keep such seized vehicles at the police stations for a

long period. It is for the Magistrate to pass appropriate orders

immediately by taking appropriate bond and guarantee as well as

security for return of the said vehicles, if required at any point of

time."

13. Accordingly, this application under section 482 of Cr.P.C.

Signature Not Verified
Signed by: LOKENDRA JAIN
Signing time: 10/12/2023
5:32:06 PM
                              8                  MISC. CRIMINAL CASE No. 26217 of 2023

deserves to be allowed and is hereby allowed. Resultantly, the order

passed by District Magistrate/Collector, Guna dated 16.11.2021 in

case No.0001/Gauvansh/2021, order passed by the JMFC Aron in

Case No.132/2021 Dated 10.02.2022 and the order dated

18.05.2022 passed by learned 5th Additional Sessions Judge Guna,

District Guna in Criminal Revision No.39/2022, are set aside. The

District Magistrate, Guna is at liberty to initiate proceedings for

confiscation after conclusion of trial by the concerned Magistrate,

in case, it is found that offence was committed by the accused and

the vehicle in question was used in commission of the crime. Till

then, the seized vehicle bearing registration UP-21-BN-7677 be

given on interim custody to the present petitioner during pendency

of trial if he is registered owner of the vehicle or to the registered

owner of the vehicle, as the case may be, upon his furnishing a

Supurdginama to the tune of Rs.10,00,000/- (Rs. Ten Lakhs Only)

to the satisfaction of the concerned Magistrate on the following

conditions:-

Signature Not Verified
Signed by: LOKENDRA JAIN
Signing time: 10/12/2023
5:32:06 PM
                            9                  MISC. CRIMINAL CASE No. 26217 of 2023

"(i) On verification of requisite documents

pertaining to seized vehicle in question, the same shall

be released and be handed over to the custody of

petitioner on Supurdignama subject to confiscation

proceedings;

(ii) Petitioner will not make any change in the

appearance of the vehicle in question;

(iii) Petitioner shall not create third party rights

over the vehicle in question;

(iv) Petitioner shall produce the vehicle before the

trial Court/Magistrate, as and when demanded, on his

own cost;

(v) It is made clear that after release of vehicle, if

same nature of offence or any offence is committed by

using this vehicle, the aforesaid supurdignama shall

stand canceled and the bond shall be forfeited

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/12/2023 5:32:06 PM 10 MISC. CRIMINAL CASE No. 26217 of 2023 automatically without reference to this Court; and

(vi) This order shall remain in force till final

disposal of the case pending before the trial

Court/Magistrate and at the time of final disposal of the

case, the trial Court/Magistrate will be at liberty to pass

an appropriate order with regard to vehicle in question

in accordance with law without getting influenced by

this order, subject to confiscation proceedings, as per

law.

14. In the light of above terms, petition under Section 482 of

Cr.P.C is accordingly allowed and disposed of.

(Sunita Yadav) Judge LJ*

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/12/2023 5:32:06 PM