From Our Bureau
NEW DELHI: The Supreme Court has struck down the confiscation of a truck carrying 17 cow progeny to Nashik for alleged slaughter in 2017 by a cow vigilante IAS officer as the district magistrate of Agar Malwa in Madhya Pradesh despite acquittal of all four accused from the criminal case slapped on them.
The magistrate had acted under the powers given to him under the MP Prohibition of Cow Claugher Act, 2004 and Rule 5 of the MP Govansh Vadh Praatishedh Rules, 2012. He ordered the truck’s seizure in September 2018 and all forums, including the High Court, above him also affirmed the order.
A Supreme Court Bench of Justices K M Joseph and Hrishikesh Roy on Friday allowed the appeal of truck owner Abdul Wahab, setting aside the High Court’s decision and holding that the magistrate’s confiscation order cannot be sustained as “not only arbitrary but also inconsistent with the legal requirements,” ignoring the trial court’s judgment of acquittal.
It said the district magistrate has powers to confiscate under the 2004 Act, but he should have factored in the acquittal of the offenders in a criminal prosecution. It noted that the acquittal was given since evidence was missing to connect them with the charges and so confiscation of the truck amount to arbitrary deprivation of its owner’s property, violating the right guaranteed under Article 300A of the Constitution.
In the instant case, the truck loaded with 17 bulls was intercepted and its driver Surendra and another person Nazir sitting with him were arrested. The accused persons, including the truck owner were charge-sheeted for the offences under the 2004 Act as also under the Prevention of Cruelty to Animals Act, 1960.
The judicial magistrate, first class, of Agar Malwa, acquitted all four accused in a judgment on 28.11.2016 on the ground that the prosecution failed to establish that the cow progeny were being transported “for the purpose of slaughter” and as such no offence was made under the 2004 Act. The truck owner was also acquitted of the additional charges framed under the Motor Vehicles Act.
Subsequently, the district magistrate order confiscation of the truck on 09.08.2017 for violation of Section 6 of the 2004 act, despite being apprised of the acquittal of the accused persons by the trial court.
