MANSIBHAI RAMJIBHAI VALA Vs. STATE OF GUJARAT
LAWS(GJH)-2013-8-33
HIGH COURT OF GUJARAT
Decided on August 22,2013

Mansibhai Ramjibhai Vala Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.)RULE . Learned APP Mr. R.C. Kodekar, waives service of rule on behalf of respondent ­ State. With the consent of the learned Counsel for the parties, the matter is taken up for final hearing.
(2.)BY way of the present petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the judgment and order dated 26.5.2013, passed by the Additional Judicial Magistrate, First Class, Botad, in Misc. Criminal Application No.28 of 2013, rejecting the application filed by the petitioner for releasing his Truck bearing Regn. No.GJ-10-V-6017. The petitioner has also challenged the judgment and order dated 9.7.2013, passed in Misc. Criminal Revision Application No.14 of 2013, by 5th Additional Sessions Judge, Camp at Botad, by which the Revision Application filed by the present petitioner challenging the decision of the learned Magistrate came to be rejected and confirmed the decision of the learned Magistrate. Hence, the present petition.
Short facts emerge from the record that the petitioner is the owner of Truck bearing Registration No.GJ-10-V-6017 which was illegally used for transporting animals contrary to the provisions of the Prevention Of Cruelty to Animals Act, 1960 and the Motor Vehicles Act. Pursuant to the FIR registered at CR No. II-28 of 2013 before Paliyad Police Station for the offences punishable under Sections 11, D, E of the Prevention Of Cruelty To Animals Act,1960 and under Sections 13, 117 of the Motor Vehicles Act, the Truck in question was seized by the Investigating Agency. The petitioner, being the owner of the said Truck, filed an application, being Misc. Criminal Application No.28 of 2013, before the learned Additional Judicial Magistrate, First Class, Botad, to release the Truck. The said application was dismissed by the learned Magistrate, vide order dated 26.5.2013, on the ground that in the past the petitioner was also involved in similar type of offence and the said vehicle was released in the earlier offence by imposing conditions not to use the said vehicle for illegal activities. Since the petitioner has committed breach of the said conditions, the learned Magistrate refused to release the vehicle. The Revision Application which was filed by the petitioner challenging the order of the learned Magistrate was dismissed by the learned 5th Additional Sessions Judge, Camp at Botad, as stated above.

(3.)HEARD Mr. M.A. Bukhari, learned Advocate, for the petitioner and Mr. L.R. Pujari, learned APP, for the respondent ­ State.


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