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If offence under Section 4,6,9 of Madhya Pradesh Govansh Vadh Pratished Adhiniyam, 2004 has been registered, where a specific restriction is not made in the Act, jurisdiction of Judicial Magistrate cannot be deemed to be ousted to release the seized property on interim custody during the pendency of the investigation or trial was upheld by the HIGH COURT OF MADHYA PRADESH AT INDORE in the case Raees Vs. State of Madhya Pradesh of through Hon’ble Shri Justice Anil Verma.
Facts of the case
The brief facts of the case are that on 29.08.2021 police got discreet information from the informer regarding illegal transportation of cattles.Police party reached on the spot and intercepted the pickup vehicle 3 bearing registration No.MP-14-GC-1911 and found that seven cattles being transported in very cruel manner, therefore, police seized the vehicle on the spot along with the cattles and FIR was also registered against the owner of the vehicle/present petitioner which was seized in connection with Crime No. 471/2021 registered at P.S. Y.D.Nagar, the petitioner had preferred an application under Sections 451 and 457 of Cr.P.C. for release of the seized vehicle. The said application was rejected by the trial Court vide order dated 02.09.2021 on the ground that the seized vehicle can be used again by the petitioner and confiscation proceeding are likely to be initiated therefore, vehicle cannot be released. Thereafter, a Criminal Revision was preferred against the order of JMFC, but the said revision was also dismissed by the IInd Additional Sessions Judge, Mandsaur vide order dated 29.10.2021 giving reference to the order of JMFC and also taking note of the fact that petitioner misused the seized vehicle, therefore, vehicle cannot be released on interim custody.
Judgement
The impugned order dated 29.10.2021 passed by the IInd Additional Sessions Judge, Mandsaur and order dated 02.09.2021 passed by the Judicial Magistrate First Class, Mandsaur are contrary to the law, therefore, both the orders are hereby set aside and the application of the petitioner for release of vehicle bearing Registration No.MP-14-GC-1911 is allowed and respondents are directed to release the said vehicle of the petitioner bearing Registration No.MP-14-GC-1911 on his furnishing adequate security, as directed by the trial Court.

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JUDGEMENT WRITTEN BY SHREYA NIDHI