Judicial Magistrate, First Class, Agar Malwa asked, whether there was motive of ‘slaughter of seventeen bulls’? No offence was made out. Abdul Vahab was acquitted. But, subsequently, there was a Confiscation Order, dated 09/08/2017, for Abdul’s Truck [MP/09/GF/2159], passed under Section 11(5) of The M.P. Prohibition of Cow Slaughter Act, 2004 and Rule 5 of The M.P. Govansh Vadh Pratishedh Rules, 2012. It amounts to arbitrary deprivation, depriving enjoyment of property, and violates right guaranteed to each person under Article 300A.
It was necessary for State to establish, property was illegally obtained or is part of proceeds of crime or deprivation is warranted for public purpose or public interest. State of West Bengal v. Sujit Kumar Rana, (2004) 4 SCC observed, ‘commission of an offence’ is a requisite ingredient and Confiscation Order should not be passed automatically. Abdul Vahab’s Truck could not be withheld by State when original proceedings culminated into acquittal.
Confiscation Order of District Magistrate cannot be sustained.
– Hon’ble Justice Hrishikesh Roy, Abdul Vahab v. State of Madhya Pradesh, [Criminal Appeal No. 340 of 2022].