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Date of Decision: 26th APRIL, 2017
STATE (GOVT. OF NCT OF DELHI) ..... Petitioner
Through : Mr.Amit Gupta, APP.
Through : None.
CRL.M.A.No.6797/2017 (Exemption)
Exemption allowed subject to all just exceptions.
The application stands disposed of.
JUDGMENT
1. Present petition under Section 482 Cr.P.C. has been preferred by the State to challenge a judgment dated 22.07.2016 of learned Addl. Sessions Judge in Criminal Revision No.119/2016 whereby order dated 01.07.2016 of learned Metropolitan Magistrate declining to release the animals / livestock seized in the case was set aside.
2. I have heard the learned APP and have examined the file. The animals detailed in the impugned order were seized on 21.06.2016 when they were being transported in a truck bearing No. HR-74-6646. These were 2017:DHC:2214 Crl.M.C.1674/2017 ordered to be released to the respondent on superdari by the impugned order. It records that during the course of investigation, two calves had since expired. It further records that the livestock is not required for any purpose of investigation. No other individual has come forward to claim the ownership of the livestock. Number of conditions have been put by the Sessions Court to ensure production of the animals released on superdari during trial.
3. I find no illegality or material irregularity in the impugned order. The petition lacks in merits and is dismissed in limine.
JUDGE APRIL 26, 2017 / tr