Altaf Khan vs The Satate Of Madhya Pardesh

NEUTRAL CITATION NO. 2026:MPHC-JBP:87399
1 MCRC-43228-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE HIMANSHU JOSHI
th
ON THE 26 OF OCTOBER, 2026
MISC. CRIMINAL CASE No. 43228 of 2023
CNR No.: MPHC010572322023
ALTAF KHAN
Versus
THE SATATE OF MADHYA PARDESH
Appearance:
Shri Sanjay Gupta - Advocate for the applicant.
Shri Pramod Pandey - Government Advocate for the respondent/State.
ORDER
The present application under Section 482 read with Section 457 of
the Code of Criminal Procedure, 1973 has been preferred by the applicant
challenging the orders dated 26.08.2023 passed by the learned Sessions
Judge, Burhanpur in Cr.R No. 78/2023, affirming the order dated 13.07.2023
passed by the learned Judicial Magistrate First Class, Burhanpur, in Criminal
Case No. 869/2023 whereby the applicant's prayer for interim custody of
truck bearing registration No. MH-40-BF-5556 was rejected.
2. The facts, in brief, are that Police Station Ganpati Naka, District
Burhanpur, registered Crime No.112/2023 for offences punishable under
Sections 4, 6 and 9 of the Madhya Pradesh Govansh Vadh Pratishedh
Adhiniyam, 2004, Section 11(1)(d) of the Prevention of Cruelty to Animals
Act, 1960, and Sections 3/181 and 5/180 of the Motor Vehicles Act, 1988.
Signature Not Verified
Signed by: PRACHI PANDEY
Signing time: 31-10-2026
13:06:27

NEUTRAL CITATION NO. 2026:MPHC-JBP:87399
2 MCRC-43228-2023
The prosecution alleges that on 26.03.2023, acting upon information received

from an informer, the police intercepted the aforesaid truck, in which 31
bovine animals were being transported, of whom six were found dead. The
vehicle was seized and, subsequently, the charge-sheet was filed. The
applicant claimed interim custody of the vehicle by filing an application
under Section 451 of the Cr.P.C., which was rejected by the learned
Magistrate on 13.07.2023 on the grounds that the offence was serious, such
incidents were increasing in the area, and the vehicle might again be used for
a similar offence. The applicant's criminal revision was dismissed by the
learned Sessions Judge on 26.08.2023 (Annexure A/1), observing that in an
earlier case also, the vehicle had allegedly been used for a similar offence
after being released on supurdnama, and expressing apprehension of its
repeated misuse or disposal.
3. Learned counsel for the applicant submits that the applicant is the
registered owner of the seized truck and that its continued detention in the
open police-station premises, particularly during the rainy season, would
cause deterioration and substantial financial loss. It is contended that the
truck is the principal source of income for the applicant's family and that the
pending finance instalments are causing further hardship. Learned counsel
further submits that the applicant was not involved in the alleged
transportation of cattle for slaughter and that the pendency of confiscation
proceedings does not, by itself, preclude release of the vehicle on interim
custody. Reliance is placed upon the decision of the Hon'ble Supreme Court
i n Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283 , to
Signature Not Verified
Signed by: PRACHI PANDEY
Signing time: 31-10-2026
13:06:27

NEUTRAL CITATION NO. 2026:MPHC-JBP:87399
3 MCRC-43228-2023
contend that seized vehicles should not be allowed to remain at police

stations for an indefinite period. Accordingly, quashment of the impugned
orders and release of the vehicle on supurdnama are prayed for.
4. Learned counsel for the State opposes the application, supporting
the impugned orders on the ground that the vehicle was allegedly involved in
a similar offence earlier and that its release may result in repeated misuse or
disposal. It is further submitted that the nature of the allegations and the
pending confiscation proceedings warrant caution while considering the
applicant's prayer.
5. Heard learned counsel for the parties and perused the material
produced before the Court.
6. In the present case, the courts below have principally declined
interim custody on the apprehension that the vehicle may again be used for
committing a similar offence or may be disposed of by the applicant. The
revisional court has also referred to an earlier case in which the vehicle was
allegedly involved in a similar offence after its release on supurdnama. Such
circumstances are relevant and cannot be ignored. However, the
apprehension of future misuse, by itself, need not invariably result in
indefinite retention of the vehicle, particularly when the risk can be
addressed through appropriate and enforceable conditions.
7. The interim custody of the vehicle would not affect the outcome of
the criminal trial. The interests of justice can be adequately protected by
requiring the applicant to establish his entitlement to custody, execute a
suitable bond, furnish security if directed, and undertake not to transfer,
Signature Not Verified
Signed by: PRACHI PANDEY
Signing time: 31-10-2026
13:06:27

NEUTRAL CITATION NO. 2026:MPHC-JBP:87399
4 MCRC-43228-2023
alienate or alter the identity of the vehicle without prior permission of the

competent court or authority.
8. In view of the aforesaid, this Court is of the considered opinion that
the impugned orders warrant interference to the extent that the prayer for
interim custody has been rejected without adequately considering whether
the apprehended risks could be addressed by imposing appropriate
conditions. Accordingly, the application is allowed. The orders
dated 26.08.2023 passed by the learned Sessions Judge, Burhanpur in Cr.R
No. 78/2023 as well as order dated 13.07.2023 passed by the learned Judicial
Magistrate First Class, Burhanpur, in Criminal Case No. 869/2023 are
hereby set aside.
9. The learned trial court shall release truck bearing registration No.
MH-40-BF-5556 in favour of the applicant on supurdnama, subject to
verification of his entitlement to custody and satisfaction of the following
conditions:
a. The applicant shall furnish a personal bond of Rs. 7,00,000/-
(Rupees Seven Lakh) along with one solvent surety of the like amount to the
satisfaction of the trial Court;
b. The applicant shall not alienate, transfer, or create any third-party
interest in the vehicle;
c. The applicant shall produce the vehicle as and when directed by the
trial Court;
d. The applicant shall not use the vehicle for any unlawful activity;
e. The applicant shall submit photographs of the vehicle and its
Signature Not Verified
Signed by: PRACHI PANDEY
Signing time: 31-10-2026
13:06:27

NEUTRAL CITATION NO. 2026:MPHC-JBP:87399
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identification particulars before release;

f. The applicant shall furnish an undertaking that he shall abide by all
conditions imposed by the Court.
(HIMANSHU JOSHI)
JUDGE
Prachi
Signature Not Verified
Signed by: PRACHI PANDEY
Signing time: 31-10-2026
13:06:27