Jharkhand High Court
Md Adil And Ors vs The State Of Jharkhand on 11 March, 2014
Author: R.R.Prasad
Bench: R.R. Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 3018 of 2013
1.Md. Adil
2.Md. Nasim @ Md. Nasim Malik
3.Md. Tahir
4.Tausif Hassan @ Md. Tausif Hassan
5.Md. Jouhar Ali @ Jouhar Ali ... ... Petitioners
Versus
The State of Jharkhand ... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE R.R. PRASAD
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For the Petitioners : Mr. Rajesh Kumar, Advocate
For the State : APP.
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02/11.03.2014. Heard learned counsel appearing for the petitioners and learned counsel appearing for the State.
An FIR was lodged on the allegation that when information was received that Bovine animals are being transported to the State of West Bengal for the purpose of their slaughtering, a trap was laid whereby 10 trucks were intercepted. On them, Bovine animals were found being transported from some place of the State of Uttar Pradesh to the State of West Bengal.
On such allegation, an FIR was lodged, which was registered as Barhi P.S. Case No.69 of 2013 (G.R. No.761 of 2013) under Sections 3/ 4, 4A/ 12/13 of the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005.
Subsequently, the petitioners, who happened to be the owners of trucks bearing registration Nos. H.R.-37-C-4415, JH-10-S-6306, B.R.-1GA-1726, U.P.-41T-2482 and U.P.65R-3668 filed an application for its release. That application was rejected, vide order dated 06.06.2013 against which, a Revision Application was preferred, vide Cr. Revision No.137 of 2013, which was also rejected, on the ground that Bovine animals were being carried over the trucks, without having any transit permit and other related documents and thereby, it is quite likely that the petitioners would be convicted and thereby vehicles would be liable to be forfeited.
Mr. Rajesh Kumar, learned counsel appearing for the petitioners submits that under Section 12(1) of the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005, one can be convicted, which may extend to ten years and at the same time, as per sub-section (3) of Section 12, the vehicle, which would be found to have been used in transportation of cattle or beef in contravention of the provision of this Act, shall be liable to be forfeited to the State Government and therefore, the vehicle can be forfeited, if it is found to have been used in contravention of the provision of the Act, but that can be forfeited only after the order of conviction is recorded against the petitioners.
In such situation, it would not be proper and appropriate for the court to allow the vehicles to be kept in the custody of the police that too under the vigorous of the climate and under this situation, the vehicles, seized, be released in favour of the petitioners.
On perusal of the provision as contained in Section 12 of the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005, I do find substance in the submissions advanced on behalf of the petitioners.
The said provision reads as follows :
"12. Penalty - (1) Whoever contravenes or attempts to contravene or abets the contravention of the provisions of Section 3 or Section 5 or Section 6 or Section 7 shall on conviction be punished with a rigorous imprisonment of either description for a term which shall not be less than one year but may extend to 10 years and with fine which may extend to ten thousand rupees.
(2) Whoever contravenes or attempts to contravene or abets the contravention of the provisions of sub-section (a) and (b) of Section 4 shall on conviction be punished with rigorous imprisonments of either description for a term which may extend up to 3 years and with a fine which may extend to 5 thousand rupees:
Provided that except for special and adequate reasons to be recorded n the judgment of the Court such imprisonment shall not be less than six months and such fine shall not be less than one thousand rupees. (3) Whenever a vehicle is found to have been used in transportation of Cattle or beef contravening any provision of this Act the vehicle shall be forfeited to the State Government."
From the perusal of the said provision, as referred to above, it does appear that if one is found to have been carried cattle or beef under the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005, he can be sentenced up to ten years. At the same time, if the vehicle is found to have been used in transportation of cattle or beef contravening any provision of this Act, it is liable to be forfeited to the State Government.
Under the circumstances, it would not be proper and appropriate to allow the vehicles to be kept in the custody of the police, as admittedly the petitioners are still to be put on trial.
Accordingly, the vehicles bearing registration Nos. H.R.-37- C-4415, JH-10-S-6306, B.R.-1GA-1726, U.P.-41T-2482 and U.P.65R-3668 be released in favour of the petitioners, who are the owners of the respective vehicle, on furnishing bond of Rs.10 lacs (ten lac) for each of the truck with one surety of the like amount each to the satisfaction of the trial court, on giving undertaking that whenever the vehicles would be ordered to be produced, it would be produced in the court and that they will not be selling it in any manner during pendency of the case.
Further, it be recorded that if any truck has been financed by the financial institution, the financial institution should take permission of the court before repossessing it.
Thus, this application stands disposed of.
( R.R.Prasad, J.) Ravi/