DINESH KUMAR PALIWAL, J. - (1.)The applicant has filed this petition under Sec. 482 of Code of Criminal Procedure, 1973 (for brevity 'The Code'), against the order dtd. 12/9/2020 passed in Criminal Revision No. 9/20 by ASJ Sonsar District Chhindwada whereby order dtd. 25/1/2020 passed in Criminal Case No. 461/2019 by learned JMFC Sonsar was affirmed. Learned JMFC has dismissed applicant's application under Sec. 451/457 of Cr.P.C. for granting interim supurdginama of truck (six wheels) bearing registration No.MH-40-BG-8668 seized in Crime No. 273/2018 of P.S. Sonsar, District- Chhindwada on the ground that confiscation order of the vehicle has been passed by the Collector.
(2.)Brief facts of the case are that on 17/12/2018 police Sonsar intercepted truck (red color six wheels) belonging to the present applicant at around 4:45 am at Baggu Bichhua railway crossing. Driver and others left the vehicle by parking it near Bichhua railway crossing. When search of the truck was taken, truck was found transporting cattle (cow progeny). Cattle of cow progeny were being transported in the truck in cruel manner, their legs, mouth and horn were found tied on the rope. Some of the cattle were dying. In search, total 21 gowansh (cow progeny) i.e. 8 calf, 7 cows and 6 she calf were found. Case was registered for commission of offence under Sec. 279 of IPC, Ss. 4, 6, 9 of M.P. Govansh Vadh Pratishedh Adhiniyam, 2004 (hereinafter referred to as the "2004 Act") Sec. 11(gha)(jha)(j)(cha) of Prevention of Cruelty to Animals Act, 1960 (for short "the 1960 Act") Sec. 11 MP Krishak Pashu Parirakshan Adhiniyam and Ss. 184, 187, 66/192 of Motor Vehicle Act. After completion of investigation, charge sheet has been filed before the learned Judicial Magistrate First Class, Sonsar, District-Chhindwara and trial is not completed.
(3.)During the pendency of the trial, the applicant moved an application under Sec. 451/457 of the Code before learned JMFC for taking interim custody of the vehicle bearing registration No. MH-40-BG-8668, which was dismissed vide order dtd. 25/1/2020 holding that cow progeny was being transported in the vehicle in a cruel manner and that vehicle is the subject matter of offence, confiscation proceeding is pending before the District Magistrate, therefore it is not justified to release the vehicle on supurdginama. Being aggrieved by the aforesaid order, the applicant had preferred the revision petition before additional Sessions Judge Sonsar, District Chhindwada who found that the District Magistrate has already passed the order of confiscation of the vehicle under question vide order dtd. 6/8/2019. Hence, disposed off the revision petition finding no illegality, incorrectness and impropriety in the order. Being aggrieved by the aforesaid order, the applicant has preferred this application under Sec. 482 of Cr.P.C. before this Court for quashment of the impugned order passed by the Courts below.