Saddam Hussain vs The State Of Madhya Pradesh
2025 Latest Caselaw 1475 MP

Madhya Pradesh High Court

Saddam Hussain vs The State Of Madhya Pradesh on 11 July, 2025

Author: Pranay Verma

Bench: Pranay Verma

           NEUTRAL CITATION NO. 2025:MPHC-IND:17793




                                                              1                               WP-18481-2025
                               IN    THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                          BEFORE
                                            HON'BLE SHRI JUSTICE PRANAY VERMA
                                                    ON THE 11 th OF JULY, 2025
                                                WRIT PETITION No. 18481 of 2025
                                                     SADDAM HUSSAIN
                                                         Versus
                                        THE STATE OF MADHYA PRADESH AND OTHERS
                          Appearance:
                                Ms. Nupur Garg - Advocate for the petitioner.
                                Shri Kushal Goyal - GA for the State.

                                                               ORDER

By this petition preferred under Article 226 of the Constitution of India, the petitioner has challenged the order dated 24.01.2022 passed by the Collector cum District Magistrate, District Mandsaur confiscating his vehicle Mahindra Bolero pick up bearing registration No.MP-14/GC-1245 for being involved in the offence registered vide Crime No.389/2021 under Sections 4,6 and 9 of Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 read with Section 11 of the Prevention of Cruelty to Animals Act.

2. Full Bench of this Court in W.P. No.11356/2024 ( Ramlal Jhariya Vs.

State of M.P. and Others) and other connected petitions decided on 21.04.2025 has held as under:-

"96-B. For cases under Cow Progeny Act, the Collector/District Magistrate shall be competent to initiate proceedings for confiscation during pendency of criminal trial, but no confiscation order can be passed before conclusion of criminal trial and the Collector/District Magistrate would be empowered to confiscate the vehicle only if conviction is recorded in criminal trial and involvement of vehicle and knowledge/connivance of the owner is proved in the criminal trial."

4. In the present case the criminal trial is pending and the next date fixed

NEUTRAL CITATION NO. 2025:MPHC-IND:17793

2 WP-18481-2025 before the court is 15.12.2025 thus the Collector could have initiated proceedings for confiscation of the vehicle during pendency of criminal trial but no confiscation order could have been passed before conclusion of the trial. The Collector would be empowered to confiscate the vehicle only if conviction would be recorded in the criminal trial and involvement of vehicle and knowledge/connivance of the owner is proved therein. Since the criminal trial is pending the Collector has no jurisdiction to pass the order of confiscation.

5. Consequently, the impugned order dated 24.01.2022 (Annexure P/1) cannot be sustained and is accordingly quashed. The vehicle of the petitioner Mahindra Bolero Pick-Up bearing registration No.MP-14/GC-1245 is directed to be released in his favour within a period of 15 days from the date of production of certified copy of this order. The Collector/ District Magistrate shall however be at

liberty to proceed afresh in the matter in view of the judgment which shall eventually be rendered in the criminal trial.

6. With the aforesaid directions, the petition is allowed and disposed off.

(PRANAY VERMA) JUDGE

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