Javed Khan Son Of Mansur Khan vs State Of Rajasthan
2022 Latest Caselaw 5060 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 5545/2022

Javed Khan Son Of Mansur Khan, Aged About 41 Years, Resident
Of Near Gyan Jyoti School, H.no. 119, Nageshwar Road, P.s.
Aalot, District Ratlam (M.p.)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through The P.p.
                                                                ----Respondent

For Petitioner(s) : Mr. Vijendra Yadav Adv. For Respondent(s) : Mr. Chandragupt Chopra, PP

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

22/07/2022

Heard learned counsel for the parties.

Prayer is for setting aside the order dated 23/05/2022

passed by learned Metropolitan Magistrate No. 19, Chaksu

Headquarter, Jaipur Metropolitan-I, Jaipur whereby the vehicle of

the petitioner bearing registration No. MP-43-G-3323, was refused

to be handed over to the petitioner.

The said vehicle was seized in FIR No. 387/2021 registered

for offences under Section 5, 8 & 9 of Rajasthan Bovine Act, 1955

and Section 11(1)(d), 11 (1)(e) of Prevention of Cruelty to

Animals Act, 1960. 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.

(2 of 2) [CRLMP-5545/2022]

Since no further purpose is going to 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.

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.

2,00,000/- along with two sureties of like amount each to the

satisfaction of the court below.

The petition is allowed.

Pending application, if any, stands disposed of.

(BIRENDRA KUMAR),J

ANIL SHARMA /88

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