Nisar Mohd. S/O Shabbir Mohd vs State Of Rajasthan
2022 Latest Caselaw 5016 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 4631/2022

Nisar Mohd. S/o Shabbir Mohd., R/o-New Colony Sawar, Ajmer
(Raj.) (Vehicle Container No.-RJ-11, GB-6536)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan through PP
                                                                ----Respondent

For Petitioner(s) : Mr. Atul Kumar Jain For Respondent(s) : Mr. Chandragupt Chopra, PP

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

21/07/2022

Heard learned counsel for the parties.

This petition is for setting aside the order dated 12/05/2022

passed by the learned Upper District & Session-Judge-Aklera,

District-Jhalawar in misc. application No. 17/2022 whereby the

vehicle of the petitioner bearing registration No. RJ-11, GB-6536,

was refused to be handed over to the petitioner.

The said vehicle was seized in FIR No. 222/2021 registered

for offences under Sections 5, 6, 8, 9 of the Rajasthan Bovine Act,

1995, Section 3(11)-D of the Prevention of Animal Cruelty Act,

1960 and Sections 429 IPC. The impugned order reveals that the

refusal is on the ground that the bovine loaded on the vehicle

were treated with cruelty and were being carried without any

permit or permission from the competent authority.

Since no further purpose is going to be served by continued

detention of the said vehicle by the police, it would rather cause

damage to the said vehicle, if it is not released.

(2 of 2) [CRLMP-4631/2022]

Hence, impugned order is hereby set aside considering the

judgment of the Hon'ble Supreme Court in case of Sunder Bhai

Amba Lal Dassai vs. State of Gujarat reported in (2002) 10

SCC 283 and it is directed that the vehicle be released in favour

of the petitioner on furnishing of a personal bond of Rs.

5,00,000/- along with two sureties of like amount to the

satisfaction of the court below.

The petition is allowed.

Pending application, if any, stands disposed of.

(BIRENDRA KUMAR),J

Sunita/90

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