In a significant judgment, the Rajasthan High Court has recommended that the state government consider providing a remedy of appeal against confiscation orders passed under Section 6-A of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995.
The judgment was delivered by Justice Sudesh Bansal on July 1, 2024 while disposing of four criminal miscellaneous petitions (No. 2097/2024, 1978/2024, 6030/2023 and 1941/2024) challenging confiscation orders passed by District Collectors under Section 6-A of the Act.
Background:
The petitioners had challenged orders passed by District Collectors confiscating their vehicles that were allegedly used for transporting bovine animals in violation of the Act. They argued that there was no provision for appeal against such confiscation orders, unlike orders passed under Section 7 of the Act which can be appealed before the Divisional Commissioner.
Key Issues:
1. Whether any statutory appeal/revision is available against confiscation orders under Section 6-A?
2. Whether High Court can interfere with such orders under Section 482 CrPC?
Court’s Findings:
1. No statutory appeal/revision is provided in the Act against Section 6-A orders. The court opined this appears to be an unintentional omission.
2. The confiscation proceedings under Section 6-A are quasi-judicial in nature, not criminal proceedings. The Collector does not act as a criminal court.
3. High Court should not interfere with such orders under Section 482 CrPC. Aggrieved persons can file writ petitions challenging the orders.
4. The court recommended the state government consider providing an appeal remedy against Section 6-A orders, similar to the appeal available under Section 7(3).
Important Observations:
“This Court records its opinion that a remedy of appeal or revision against the order passed by the Competent Authority i.e. the District Collector in exercise of its jurisdiction u/s. 6-A of the RBA Act, 1995, must be open and be provided to the aggrieved person.”
“The State Legislature ought to ponder over its attention to the issue to open remedy of appeal to the aggrieved person against the order of Competent Authority passed under Section 6-A, in the similar tune as available against the order of Competent Authority passed under Section 7(1) or (2), u/s. 7(3) of the RBA Act, 1995”
The court directed that a copy of the judgment be sent to the Principal Law Secretary, Government of Rajasthan to circulate it to all District Collectors and apprise the government about the recommendations.
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Lawyers:
For Petitioners: Mr. Dushyant Singh Naruka, Mr. Anant Sharma, Ms. Sunita Meena, Mr. Ankit Khandelwal, Mr. Jiya Ur Rahman
Amicus Curiae: Mr. Anurag Sharma, Mr. S.S. Hora, Mr. Pankaj Gupta, Mr. Sudhir Jain, Mr. Rajneesh Gupta
For State: Mr. S.S. Mahla, PP
