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2012 DIGILAW 262 (JHR)

Suresh Sahani v. State of Jharkhand

2012-02-22

R.R.PRASAD

body2012
ORDER This revision application is directed against the order dated 1.7.2011 passed by Judicial Magistrate, 1st Class, Dhanbad in P.C.R. Case No. 84 of 2011 whereby and whereunder prayer of the petitioner for release of the truck bearing registration no. WB-15A-5376 seized by the S.P.C.A. Inspector was rejected. 2. While the truck bearing registration no. WB-15A-5376 was carrying six animals and 27 bulls from East Champaran to Pandua Pashu Hat, Hooghly, West Bengal for the purpose of their slaughter it was intercepted. On inspection being made, it was found that they were being carried in such manner that they were unable to stand/move or breath freely. All the animals were found tied and chained in an unreasonable short and single rope and that they have not been provided with proper food, water and medicine and as such, they were subjected to pain and suffering during transportation. Thus, it has been alleged that animals were being carried in violation of Sections 3/4 and 4(a)4(b)(2) of Bihar (now Jharkhand) Preservation and Improvement of Animals Act II of 1956. On such allegation, vehicle was seized and was handed over to Rajganj Police Station and a case was lodged. 3. Upon completion of the investigation, prosecution report was submitted under Sections 3/11 (1)(a)(c)(d)(e)(f)(i)(k)/29(4)(b)/29(1)(2)(3)(5) and 38(3) of the Prevention of Cruelty to Animals Act and also under Rules 47, 48, 49, 50, 52, 54, 56, 95/97 of Cattle Transportation Rules, 1978 as well as Sections 3/4 and 4(a)1 4(b)(2) of the Bihar (now Jharkhand) Preservation and Improvement of Animals Act, 1956 and also under Sections 3, 4(a), 51 12(1)(2) of the Jharkhand Bovine Animals Prohibition of Slaughter Act, 2005, upon which cognizance of the offence was taken. Thereupon an application for release of the vehicle was filed by one Suresh Sahani claiming to be holder power of attorney given by the owner of the vehicle. That prayer was rejected on 1.7.2011 taking into account the allegation made in the first information report. 4. It was submitted by Mr. Majumdar, learned Sr. counsel appearing for the petitioner that no useful purpose would be served by keeping the vehicle in custody of the police but the court below did not consider the case from the said angle and rejected the prayer which is quite illegal and is fit to be set aside. 5. As against his, Mr. Jai Prakash, learned Sr. counsel appearing for the petitioner that no useful purpose would be served by keeping the vehicle in custody of the police but the court below did not consider the case from the said angle and rejected the prayer which is quite illegal and is fit to be set aside. 5. As against his, Mr. Jai Prakash, learned Sr. Counsel appearing for the opposite party no. 2 submitted that rule framed in exercise of the power conferred under Section 20 of the Jharkhand Bovine Animals Prohibition of Slaughter Act, 2005, cast duty and responsibility upon the transporter to have necessary permit under the Act before loading and transporting the consignment of Bovine Animals through the State of Jharkhand. If the transporter violates such rule is liable to be prosecuted under Section 12 of the said Rule. 6. It was further submitted that owner has never come forward before the court for getting the vehicle released a ld hence, vehicle cannot be released in favour of a person who is holding power of attorney of the owner as in several decisions it has been held that vehicle can be released in favour of a person in whose name the vehicle is registered but admittedly, power of attorney holder is never the owner of the vehicle. 7. No doubt it is true that the proposition of law is as such which was placed by learned counsel appearing for the opposite party no. 2 but that proposition has been laid down in a situation where two claimants came forward to claim the vehicle. But here in the instant case, no other claimant is there other than the owner of the vehicle who has given power of attorney to the petitioner to file an application for release of the vehicle and as such, on the aforesaid ground, the claim of the petitioner cannot be defeated. Further, I do find that though the owner of the vehicle has been alleged to have contravened the provision of the Act and Rules mentioned above, but no useful purpose would be served allowing the vehicle to be kept in the custody of the police but the court below did not consider the matter relating to release of the vehicle from this angle and hence, it suffers from illegality and accordingly, it is set aside. 8. Consequently, let the vehicle bearing registration no. 8. Consequently, let the vehicle bearing registration no. WB-15A-5376 be released in favour of the petitioner on executing bond of Rs. 5 lacs with one surety to the satisfaction of Judicial Magistrate, 1st Class, Dhanbad, on giving undertaking that whenever the vehicle would be required, it will be produced before the court and that during the pendency of the case, vehicle would not be sold to any other person. 9. Thus, this application stands allowed.