The appellant filed an application being Criminal Misc.
73 of 2012 before the District Sessions Judge, Gandhinagar, which was also rejected on 01.09.2012 Dissatisfied with the order of the District Sessions Judge, Gandhinagar, the appellant preferred Special Criminal Application No.
The First Information Report in short FIR was registered against the appellant on 02.08.2012 for the offences punishable under Sections 279 and 114 of the Indian Penal Code, 1860 in short IPC , Sections 184, 177 and 192 of the Motor Vehicles Act, 1988 in short M.V. Act , Sections 5, 6, 8 and 10 of the Gujarat Animal Preservation Act, 1954 hereinafter referred to as the Principal Act and Section 11 of the Prevention of Cruelty to Animals Act, 1960.
By impugned order dated 25.09.2012, the High Court dismissed the said application.
Aggrieved by the said order, the appellant filed an application being Criminal Revision Application No.
2755 of 2012 whereby the High Court dismissed the application filed by the appellant herein.
Application No.
Heard Mr. O.P. Bhadani, learned companynsel for the appellant and Mr. Shomik Sanjanwala, learned companynsel for the respondents.
Brief facts The vehicle of the appellant, Eicher Truck, was seized by the police, which was found to be transporting 28 buffalo calves.
2755 of 2012 before the High Court.
9 of 2012 under Section 451 of the Code of Criminal Procedure, 1973 in short the Code for the release of his Eicher truck before the Judicial Magistrate, First Class, Gandhinagar, Gujarat.
This appeal is directed against the judgment and order dated 25.09.2012 passed by the High Court of Gujarat at Ahmedabad in Special Criminal Application No.
Challenging the said order, the appellant has filed this appeal by way of special leave.
Vide order dated 24.08.2012, the Judicial Magistrate rejected the said application on the ground that as per the provisions of Section 6B 3 of the Gujarat Animal Preservation Amendment Act, 2011 hereinafter referred to as the Amendment Act , the vehicle shall number be released before the expiry of six months from the date of its seizure.
Sathasivam,J. Leave granted.
