Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Gujarat Animal Preservation seized vehicle |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Gujarat Animal Preservation (amendment) Act, 2011 (28 of 2011) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Gujarat Animal Preservation (Amendment) Act, 2011 - ss.68(3) and 6A(3) - Gujarat Animal Preservation Act, 1954 - s.5(1A) - Truck of appellant .seized by the police for transporting 28 buffalo calves - Application filed by appellant u/s.451 CrPC for release of the truck - Dismissed on the ground that as per s. 68(3) of the Gujarat Animal Preservation (Amendment) Act, 2011, the truck could not be released before the expiry of six months from the date of its seizure - Propriety- Held: Sub-section (3) of s. 6A of the Gujarat Animal Preservation (Amendment) Act, 2011 stipulates that whenever any person transports in contravention of provisions of Sub- section (1), any animal as specified in s.5(1A) of the Gujarat Animal Preservation Act, 1954, such vehicle or any conveyance used in transporting such animal, shall be liable to be seized by the authority/officer concerned - Sub-section 1A of s.5 of the Gujarat Animal Preservation Act, 1954 stipulates a list of prohibited animals, viz. (a) a cow; (b) the calf of a cow, whether male or female and if male, whether castrated or not; (c) a bull and (d) a bullock - In the case at hand, the vehicle impounded by the respondents was transporting 'buffalo calves' which does not fall under the list of prohibited animals mentioned in sub-section 1A of s.5 - Thus, s.68(3) of the Gujarat Animal Preservation (Amendment) Act, 2011 could not be invoked in order to deny the claim of release of the vehicle - In view of the same, it is not advisable to keep the seized vehicle in the police station in open condition which is prone to natural decay on account of weather conditions - Further, it is of no use to keep the seized vehicle in the police station for a long period - Respondents accordingly directed to release the truck - Penal Code, 1860 - s.451.The truck of the appellant was seized by the police for transporting 28 buffalo calves. The appellant filed application under Section 451 CrPC for release of the truck. The application was rejected by the Judicial Magistrate on the ground that as per Section 68(3) of the Gujarat Animal Preservation (Amendment) Act, 2011, the seized truck could not be released before the expiry of six months from the date of its seizure. The order was upheld by the revisional court as also by the High Court, and therefore the instant appeal. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 69 |
Petitioner | Multani Hanifbhai Kalubhai |
Respondent | State Of Gujarat & Anr. |
SCR | [2013] 3 S.C.R. 648 |
Judgement Date | 2013-02-01 |
Case Number | 219 |
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