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 226 and 227 of the Constitution of India and 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 by Judicial Magistrate, First Class, Dhandhuka in Muddamal Misc. Application No.62 of 2012 dated 15.05.2012 and the order passed in Criminal Revision Application No.60 of 2012 by the 4th Additional District Judge, Ahmedabad (Rural) dated 29.05.2012 on the grounds stated in the petition. It is further prayed that vehicle of the petitioner being Truck bearing Registration No.GJ-2-X-510 may be ordered to be released on the grounds stated in the petition.
Learned counsel, Mr.Majmuddar for the petitioner has submitted that the petitioner is the owner of the truck seized by the authority and the agriculturists of Rajasthan, who are the owners of the said animals, are having necessary permit for transporting such cattle and the copy of such certificate issued by the authority at Rajasthan is produced on record. Learned counsel, Mr.Majmudar, 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 brought from Rajasthan 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. He has also referred to and relied upon the ratio laid down in case of Surendra Ambalal Desai Vs. State of Gujarat, reported in 2003 (1) GLH 330. Therefore, learned counsel, Mr.Majmudar submitted that as the vehicle has been seized wrongly, the present petition may be allowed.
Learned APP Mr.Jani resisted the present petition.
In view of these rival submissions, it is required to be considered whether the present petition can be entertained or not.
Admittedly, the applicant is the owner of the vehicle in question and as stated, the said truck was loaded with cattle of the agriculturist of Rajasthan, who are having necessary permit for the transportation of such cattle. Therefore, 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 issued by the competent authority is produced on record. 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(1) 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, as the cattle were brought in State of Gujarat in the vehicle in question from Rajasthan 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.12(A) & 12(B). The impugned order passed by Judicial Magistrate, First Class, Dhandhuka in Muddamal Misc. Application No.62 of 2012 dated 15.05.2012 and the order passed in Criminal Revision Application No.60 of 2012 by the 4th Additional District Judge, Ahmedabad (Rural) dated 29.05.2012 are hereby quashed and set aside. Truck bearing Registration No.GJ-2-X-510 is ordered to be released forthwith.
Rule is made absolute. Direct service is permitted.
Sd/-
(RAJESH H.SHUKLA, J.) /patil Top