Rongon Mukhopadhyay, J. - (1.) Heard Mr. Kripa Shankar Nanda, learned counsel for the petitioner and Mr. Vijayant Verma, learned J. C. to G. P. II for the State.
(2.) In this application the petitioner has prayed for quashing of the Confiscation Case No. 1 of 2017 pending before the Deputy Commissioner, Simdega which is with respect to vehicle bearing registration No. JH 12C/3597 which has been seized in connection with Simdega P. S. Case No. 109 of 2016 corresponding to G. R. No. 432 of 2016. A further prayer has been sought for giving a direction to the respondent No. 3 to obey the orders dated 16-3-2017 and 12-4-2017 passed in Simdega P. S. Case No. 109 of 2016 by which the learned court below has been pleased to release the vehicle in favour of the petitioner and for which the conditions have also been fulfilled by the petitioner.
(3.) It appears that the petitioner was prosecuted in connection with Simdega P. S. Case No. 109 of 2016 which was with respect to seizure of a truck in which several bovine animals were found. The petitioner is the owner of the commercil truck bearing registration No. JH 12C/3597. An application was preferred by the petitioner for its release which was allowed by the learned Judicial Magistrate on 16-3-2017 and the petitioner was directed to file an indemnity bond of Rs. 20 lacs with 2 sureties of like amount each apart from cfertain conditions which were imposed upon the petitioner. The investigating Officer was directed to release the truck after proper verification and identification as well as after making proper Panchnama along with the necessary photographs. The petitioner in terms of the order dated 16-3-2017 has filed an indemnity bond of Rs. 20 lacs on 12-4-2017. However, a recommendation was made by the Superintendent of Police for confiscation of the vehicle in question in terms of Section 12/13 of the Bovine Animals (Prohibition of Slaughter) Act. It is the case of the petitioner that in spite of there being a specific direction by the learned Judicial Magistrate, the vehicle was not released on the ground that the confiscation proceeding has already been initiated for the confiscation of the vehicle in question. In appears that the matter has been brought to the notice of the learned Magistrate and show-cause has also been directed to be issued to the Investigating Officer. It is indeed surprising that in spite of the order passed by the learned Judicial Magistrate, the police is not releasing the vehicle as the confiscation proceeding has subsequently been initiated by the Deputy Commissioner, Simdega.;