1 025:CGHC:11094 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 829 of 2025 1 - Karan Singh S/o Sanjeet Singh Aged About 25 Years R/o Village Bhoring, Police Station- Tumgaon, Tahsil And District Mahasamund, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The District Magistrate, Mahasamund (Police Station- Mahasamund), District Mahasamund, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Ghanshyam Kashyap, Advocate For Respondent(s) : Ms. Sunita Manikpuri, G.A. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 06.03.2025 1. Heard. 2. This petition has been filed by the petitioner being aggrieved by the order dated 08.01.2025 (Annexure A-1), ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 passed by the learned Second Sessions Judge, Mahasamund (C.G.) in Criminal Revision No.H-44/2024, whereby the learned Trial Court has rejected the application filed by the petitioner under Section 438 of BNSS for releasing his buffaloes. 3. The case of the petitioner in brief is that an application for custody of seized buffaloes, which was rejected by the Chief Judicial Magistrate, Mahasamund (C.G.), on December 9, 2024, in Criminal Case No. S-506/2024. The reason for the rejection was that the petitioner's registration certificate as an Inter-State Agriculture Cattle Trader, issued on November 23, 2021, had expired on November 17, 2024. Since the incident occurred on November 22, 2024, the court questioned the petitioner's ownership of the buffaloes. The petitioner is now seeking to challenge this order. 4. Learned counsel for the petitioner submits that the petitioner was registered cattle trader under Section 4 of Chhattisgarh Agriculture Cattle Preservation Rules, 2014 and thereunder sale and purchase the cattle bearing Registration No.83/02-2021. He further submits that the petitioner had purchased the buffaloes and thereafter they were seized on the ground that the petitioner were transporting the buffaloes to the slaughter house. The trial 3 Court have erred in refusing to grant interim custody of seized buffaloes to the petitioner only on the ground that the petitioner’s registration certificate of Inter-State Agriculture Cattle Trader was valid till 17.11.2024 and the incident was happened on 22.11.2024 and police has seized the buffaloes only on the basis of suspicion, therefore, it may be appropriate to release the buffaloes on supurdnama and the impugned order dated 08.01.2025(Annexure P/1) may be set aside. To buttress his submission learned counsel appearing for the petitioner relied upon the judgment passed in case of Ravidasbhai Segjibhai Vasava Vs. State of Gujarat reported in 2014 SCC online Guj 14545 and further relied upon the judgment passed by Co-ordinate Bench of this Court in case of Narayan Sahu Vs. State of Chhattisgarh bearing CrMP No.234 of 2021 decided on 10.03.2021. 5. On the other hand, learned State counsel vehemently opposes the submissions made by the learned counsel for the petitioner. 6. I have heard counsel for both the parties and perused the documents available on with utmost circumspection. 7. In the instant case, it is pertinent to mention here that the petitioner was registered cattle trader under Section 4 of Chhattisgarh Agriculture Cattle Prevention Rules, 2014 4 bearing Registration No.83/20-2021 and thereunder he was permitted for sale and purchase of cattle, the registration certificate is annexed with this petition vide Annexure P/3. It is apparent from the records that the petitioner had purchased 04 buffaloes from Bisnath on 16.11.2024, 02 buffaloes from Devprakash on 15.11.2024 and 02 buffaloes from Karan Singh on 15.11.2024. But on these days appellant was unable to arrange the vehicle, therefore, the purchased buffaloes were left in the houses of concerned owners. Thereafter, on 22.11.2024 after arranging the vehicle the buffaloes were loaded in the vehicle (CG 04 MP 4077) to transport buffaloes. In the meantime, police had seized the buffaloes on the allegation that Mr. Jaiprakash Joshi, Mr. Lokesh Satnami and Mr. Parag Aanwde were transporting the buffaloes to slaughter. It is also clear that the petitioner’s licence/certificate validity was till the date of 17.11.2024. 8. In view of the above, it is directed that the buffaloes be immediately released and the interim custody is granted in favour of the petitioner on the following conditions that (I) The petitioner would furnish a sum of Rs.2,00,000/- as supurdnama in the concerned Trial Court (II) the petitioner must not sell the buffaloes to anyone (III) the petitioner is also directed to produce a certificate with regard to the 5 health of buffaloes issued by Government Veterinary Doctor before the concerned trial Court every month. 9. Accordingly, the impugned order dated 08.01.2025 (Annexure P/1) deserves to be and is hereby set aside and the custody of the seized buffaloes be given to the petitioner on the aforesaid conditions. 10. With the aforesaid observations/directions, the present petition is allowed. Sd/- (Arvind Kumar Verma) Judge Saxena