Saturday, February 2, 2013

The Apex Court criticized the seizure of vehicle in police station of Gujarat in open condition.

While setting aside order dated 24.08.2012, passed by the Judicial Magistrate, Gandhinagar in Criminal Misc. Application No. 9 of 2012, order dated 01.09.2012, passed by the District and Sessions Judge, Gandhinagar in Criminal Revision Application No. 73 of 2012 and order dated 25.09.2012, passed by the High Court in Special Criminal Application No. 2755 of 2012 and directing to release the seized vehicle - Eicher Truck bearing Registration. No. GJ-9-Z-3801 of Gujarat, the Hon'ble Supreme Court of India has striongly criticized today in the matters of CRIMINAL APPEAL No. 219 OF 2013 that " It is true that Section 5(1)of the Gujarat Animal Preservation (Amendment) Act, 2011 prohibits slaughtering of any animal without a certificate in writing from the Competent Authority that the animal is fit for slaughter. In other words, without a certificate from competent authority, no animal could be slaughtered. Sub-section (1A) to Section 5 mandates that no certificate under sub-section (1) shall be granted in respect of the abovementioned animals. In the said section, admittedly, ‘buffalo calf’ has not been mentioned as prohibited animal. In such circumstance, the prohibition relating to release of vehicle before a period of six months as mentioned in Section 6B(3) of the Amendment Act is not applicable since the appellant was transporting 28 buffalo calves only. 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. In addition to the above interpretation, whatever be the situation, it is of no use to keep the seized vehicle in the police station for a long period."

No comments:

Post a Comment

Popular Posts on our Law Office Blogs