Learned counsel for the applicant submits that the learned Sessions Judge, Gandhinagar, while passing the order dated 10.2.2012, misdirected himself while not releasing the truck owned by the applicant by relying upon the provision of Section 6A(4) of the Gujarat Animal Preservation Act, 1954 and contrary to the law laid down by the Apex Court in the case of Sunderbhai Ambalal Desai vs. State of Gujarat, reported in AIR 2003 SC 638 and this Court reported in 2008(1) GLR 222 in the case of Rahimbhai Adambhai Tarakvadiya vs. State of Gujarat.
Issue notice returnable on 27.3.2012.
Learned APP waives service on behalf of the State.
Direct service is permitted qua the private respondent.
(ANANT S. DAVE, J.) (swamy) Top