MP HC Orders Truck Carrying 31 Cattle, Six Of Them Dead, Released To Owner On ₹7 Lakh Bond

Police seized truck No. MH-40-BF-5556 after allegedly finding 31 bovine animals being transported in it, six of which were dead.

A criminal case was registered 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 provisions of the Motor Vehicles Act, 1988.

The registered owner’s application for interim custody was rejected by the Magistrate; the Sessions Court dismissed his revision, citing the alleged prior use of the truck in a similar offence and concerns about further misuse or disposal.

The owner challenged both orders, asserting that continued detention would cause deterioration and financial hardship.

Under Sections 451 and 457 of the Code of Criminal Procedure, 1973, interim custody of seized property may be considered by the competent court.

The Court reasoned that apprehended future misuse does not invariably justify indefinite retention where the risk can be managed through appropriate and enforceable conditions, and that interim custody need not affect the outcome of the criminal trial.

The applicant relied on Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283, for the proposition that seized vehicles should not remain at police stations indefinitely.

The Court accepted that the alleged prior involvement of the truck in a similar offence and the possibility of its misuse or disposal were relevant concerns, but held that they did not, by themselves, require continued detention.

It concluded that those risks could be addressed by requiring verification of the applicant’s entitlement, a bond and surety, production of the vehicle when directed, and undertakings against transfer, unlawful use, or alteration of the vehicle’s identity.

On that basis, it found the lower courts had not adequately considered whether conditions could protect the relevant interests.

The trial court was directed to release the truck to the applicant on supurdnama, after verifying his entitlement and subject to a personal bond of Rs. 7,00,000 with one solvent surety of the like amount, along with conditions prohibiting transfer or third-party interests, requiring production when directed, prohibiting unlawful use, and requiring photographs, identification particulars, and an undertaking to comply with the court’s conditions.