NDLI: Abdul Vahab Vs. State of Madhya Pradesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure 1973: s.482 – Jurisdiction of High Court under s.482
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Criminal Procedure, 1973: s.482 – Jurisdiction of High Court under s.482 for quashing of confiscation proceedings under s.11(5) of the M.P Prohibition of Cow Slaughter Act, 2004 and Rule 5 of the M.P Govansh Vadh Pratishedh Rules, 2012 – In the instant case, appellant’s truck loaded with 17 cow progeny was intercepted and the driver along with other accused was arrested – Case was registered under M.P Prohibition of Cow Slaughter Act, 2004 and Prevention of Cruelty to Animals Act, 1960 – Vehicle was seized – Trial court held that no offence was made out under these Acts – However, District Magistrate ordered confiscation of appellant’s truck, despite the acquittal of appellant and other accused – Appellant filed s.482 petition challenging the confiscation – High Court upheld the order of confiscation with the observation that separate proceedings before two Forums, one for prosecution of the accused charged with the offence and the other for confiscation of the vehicles/equipment used for the commission of the offence, were legally maintainable – High Court further held that jurisdiction under s.482 for quashing of the confiscation proceedings initiated under the 2004 Act was not available – Hence instant appeal – Held: The 2004 Act does not have any non-obstante clause which creates bar on jurisdiction of criminal courts – s.11(4) of the 2004 Act specifically applies the provisions Cr.P.C in realtion to search and seizure – Rules 5 and 6 of the MP Govansh Vadh Pratishedh Rules, 2012 empower the police to seize vehicle, the cow progeny and beef in case of violation of the 2004 Act, as per s.100 of the CrPC – Hence, there is no bar in exercising jurisdiction of Criminal Courts including High Court under s. 482 Cr.P.C – Appellant’s truck was confiscated on account of the criminal proceedings alone and therefore, under the applicable law, the vehicle cannot be withheld and then confiscated by the State, when the original proceedings have culminated into acquittal – Confiscation of the appellant’s truck when he is acquitted in criminal prosecution amounts to arbitrary deprivation of his property and violates the right under Art.300A – Constitution of India – Art.300A. Constitution of India: Art.300A – Depriviation of enjoyment of property – By reason of an order of confiscation, a person is deprived of the enjoyment of his property – Art.300A of the Constitution provides that no person shall be deprived of his property save by authority of law – Therefore, to deprive any person of their property, it is necessary for the State, inter-alia, to establish that the property was illegally obtained or is part of the proceeds of crime or the deprivation is warranted for public purpose or public interest. M.P Prohibition of Cow Slaughter Act, 2004: s.13A – Confiscation order, justification of – Burden of proof – s.13A of the 2004 Act, which shifts the burden of proof, is not applicable for the confiscation proceedings but for the process of prosecution – By virtue of s.13A of the 2004 Act, the burden on the State authority to legally justify the confiscation order, cannot be shifted to the person facing the confiscation proceeding.
Judge	Hon'ble Mr. Justice Hrishikesh Roy
Neutral Citation	2022 INSC 263
Petitioner	Abdul Vahab
Respondent	State Of Madhya Pradesh
SCR	[2022] 3 S.C.R. 311
Judgement Date	2022-03-04
Case Number	340

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