Rule.
Learned APP Mr. H.L.Jani waives service of Rule for Respondent-State of Gujarat.
The present petition has been filed by the petitioner under Articles 19(1)(g), 21 and 226 of the Constitution of India, under the provisions of the Gujarat Animal Preservation Act, 1954 (hereinafter referred to as "the Act, 1954)") and also under the provisions of the Criminal Procedure Code for the prayer that appropriate writ, order or direction may be issued quashing and setting aside the impugned order passed in Criminal Revision Application No.55 of 2012 by the 4th Additional District Judge, Ahmedabad (Rural) dated 29.05.2012 confirming the order passed in Criminal Misc. Application No.64/2012 by Judicial Magistrate, First Class, Dhandhuka dated 09.05.2012 on the grounds stated in the petition. It is further prayed that vehicle of the petition being TATA Truck bearing Registration No.GJ-2-X-2953 may be ordered to be released on the grounds stated in the petition.
Learned counsel, Mr.Tejas Barot for the petitioner has referred to the papers and also the provisions of the Act, 1954 and submitted that as stated, the petitioner is the owner of the vehicle and in fact, the cattle have been purchased from the mela at Rajasthan and, therefore, necessary permission has also been issued for transporting such cattle and the copy of such certificate issued by the authority at Rajasthan is produced on record. Learned counsel, Mr.Barot, therefore, submitted that in view of this permit, which has been granted, the Act, 1954 will not have any application. For that, he referred to the provisions of the Act, 1954 and submitted that Section 5 of the Act, 1954 refers to the "Prohibition against slaughter without certificate from Competent Authority". He submitted that Section 6(A) of the Act, 1954 refers to the "Prohibition against transportation of specified animals for slaughter". He submitted that admittedly the cattle have not been transported for the slaughter but in fact, they have been purchased from mela at Rajasthan and, therefore, they were brought in the State of Gujarat with necessary permission. He, therefore, submitted that the present petition may be allowed releasing the vehicle, which has been utilized for the transport of the cattle. He further submitted that the cattle and the vehicle can be detained or seized as provided in Section 6A of the Act, 1954, however, sub-section (2) of Section 6 of the Act, 1954 refers to the permission for transporting the cattle and the petitioner has produced such permit. Therefore, learned counsel, Mr.Barot submitted that as the vehicle has been seized wrongly, the present petition may be allowed.
Learned APP Mr.Jani resisted the present petition and submitted that the permissions were not produced and were not available at the time of incident though he may have produced in the subsequent proceedings.
In view of these rival submissions and considering the provisions of the Act, 1954 and also the facts stated hereinabove, it is evident that sub-section (2) of Section 6 of the Act, 1954 provides that for the purpose of transporting the cattle, the permit is necessary and such permit is produced on record with purchase memo of the cattle from the mela at Rajasthan. Therefore, the presumption though provided in Section 6A of the Act, 1954 would not be attracted as sufficient material is produced by the petitioner as required under the Act. Section 5(i) of the Act, 1954 refers to certificate in writing from the Competent Authority if the animal is taken for slaughter, which is not the case herein. Therefore, what Section 5 of the Act, 1954 provides is the restriction with regard to the slaughter or the prohibition against the slaughter subject to the certificate for the cattle. Similarly, Section 6A of the Act, 1954 provides for "Prohibition against transportation of specified animals for slaughter". As discussed above, the purchase memo of the cattle at mela at Rajasthan is produced along with the permit for transport issued by the authority at Rajasthan and, therefore, when the cattle is brought from Rajasthan to Gujarat, the provisions of the Act, 1954 would not be attracted. Therefore, the present petition deserves to be allowed releasing the vehicle seized by the authority.
In the circumstances, the present petition stands allowed in terms of Para Nos.16(A) & 16(B). The impugned order passed in Criminal Revision Application No.55 of 2012 by the 4th Additional District Judge, Ahmedabad (Rural) dated 29.05.2012 confirming the order passed in Criminal Misc.
Application No.64/2012 by Judicial Magistrate, First Class, Dhandhuka dated 09.05.2012 is hereby quashed and set aside. TATA Truck bearing Registration No.GJ-2-X-2953 detained at Dhandhuka Police Station is ordered to be released forthwith. Rule is made absolute. D.S. permitted.
(RAJESH H.SHUKLA, J.) /patil Top