Heard the learned Advocates for the parties.
In view of the limited prayer of the Petitioner to release Truck bearing Registration No. GJ-24-U-8655 seized in connection with Dhanera Police Station FIR being II CR No. 3024/2012 allegedly involved in offence punishable under Sections 279 of IPC and Sections 177 and 184 of the Motor Vehicle Act and Sections 5,6, 8 10 of the Gujarat Animal Prevention Act, 1954 and Section 11(1) (a)(b) (d) of the Prevention of Cruelty to Animals Act, 1960 upon filing an undertaking by the Petitioner the matter is taken up for final disposal.
Learned counsel for the petitioner submits that the amendment carried out in the Gujarat Animal Preservation Act, 1954 by Amending Act, namely Gujarat Act No.28 of 2011, inserting Section 6A(1)(2)(b)(3)(4) will not apply to any animal not specified under sub-section (1A) of Section 5 of the Act and, therefore, restriction imposed in sub-section (4) of Section 6A of the Amending Act of not releasing the vehicle seized has no relevance in view of language of sub-section (4) of Section 6A which specifically makes applicable to the vehicle or conveyance so seized under sub-section (3), which again refers to contravention of sub-section (1A) of Section 5 of the Act.
It is not in dispute that the Vehicle in question as above is not involved in transportation of animals for slaughtering but allegations are of cruel treatment to animals and, therefore, Amendment Act by which Section 6A came to be introduced to the Gujarat Animal Preservation Act will have no applicability and keeping in mind the decision of Apex Court in Sunder Ambalal Desai V/s. State of Gujarat reported in 2003 (1) GLH 307 by imposing certain conditions the Vehicle in question can be released.
The Petitioner has filed an undertaking dated 11/05/2012 which is ordered to be taken on record.
Considering over all facts as above, by directing the petitioner not to transfer the vehicle in question in any manner to any other person or creating any third party rights and further to produce the vehicle as and when required by the Court and by furnishing solvency of Rs.1 lac before the Authority to the satisfaction of the Authority. The Truck bearing registration No. GJ-24-U-8655 is ordered to be released. The Petition is allowed accordingly. No order as to costs.
[ANANT S. DAVE, J] //saj// Top