Appellant Pharuk's Ownership of Vehicle Proven; Directed for Release by District Magistrate
In a significant ruling, the Supreme Court of India has ordered the release of a vehicle involved in a case under the U.P. Prevention of Cow Slaughter Act, 1955. The appellant, Pharuk, was convicted based on the ownership of the offending vehicle, which was found to be sufficiently proven during the trial. The Supreme Court's directive comes as a relief to Pharuk, who has been embroiled in legal battles following his conviction.
The case traces back to July 2022, when a ten-wheeler container truck bearing registration no. MP 06 HC 1353 was discovered abandoned on the side of the Bundeli Dhaba Kanpur Highway. Upon inspection, several cow progenies were found inside the vehicle, with most deceased and a few alive, leading to the registration of an FIR under the U.P. Prevention of Cow Slaughter Act, 1955, and the Criminal Law (Amendment) Act, 1932.
Pharuk was charged and convicted in March 2024 under Sections 3 and 5-A read with Section 8 of the 1955 Act, primarily due to his ownership of the vehicle. Despite the conviction, the execution of his sentence has been suspended pending an appeal before the High Court, allowing him temporary release on bail.
Following his conviction, Pharuk sought the release of the vehicle from the District Magistrate, Jhansi, under Section 5A of the 1955 Act. However, his application was rejected on grounds that he was absconding and due to the gravity of the offence. This rejection was upheld by the Additional Sessions Judge and later by the High Court.
The Supreme Court, after hearing the case, noted the ownership of the vehicle was conclusively proven and should have been addressed by the trial judge under Section 352 of the Code of Criminal Procedure, 1973, at the time of delivering the final judgment. The Court expressed that the vehicle's ownership was undisputedly linked to the appellant, a fact supported by documents such as the registration certificate and fitness certificate.
Concluding the appeal, the Supreme Court directed the release of the vehicle within two months, subject to terms deemed appropriate by the District Magistrate. The judgment also clarified that Pharuk, while his appeal against conviction is being considered by the High Court, shall not disown the vehicle in question.
This ruling underscores the importance of due process in the disposal of property involved in criminal cases and highlights the apex court's role in rectifying procedural oversights at lower judicial levels.
Statutory provision(s): U.P. Prevention of Cow Slaughter Act, 1955 Sections 5A and 8, Criminal Law (Amendment) Act, 1932 Section 7, Code of Criminal Procedure, 1973 Section 352
Pharuk v. State of Uttar Pradesh, (SC) : Law Finder Doc id # 2902923
