Udhampur Court attaches vehicle involved in 13 FIRs of bovine smuggling

14/07/2025

UDHAMPUR, Jul 14: The Distt Judicial a Mobile Magistrate Udhampur Mr Rishab Koushal directed to attach a Mahindra Pickup vehicle involved in 13 FIRS of bovine smuggling.
Judiical Magistrate Rishab Koushal passed this order in an application filed by Union Territory of J&K through P/S Rehambal against Mohd. Sadiq S/o Abdul Rashid R/o Babliana Gadi Garh, Satwari, Jammu, 2.Murad Ali S/o Nek Alam R/o Kadyal, Tehsil R.S. Pura, District Jammu seeking attachment of property (Vehicle bearing Registration no. JK02DA-8994).
An application was preferred by IO, PSI Rhythm Sharmaof P/S Rehambal, seeking therein attachment of vehiclebearing registration No. JK02DA-8994 under Section 107(1) BNSS. It was submitted that an FIR No. 92/2025 for the commission of offences under sections 223 BNS, 61(2), 3(5) BNS and 11 PCA Act, came to be registered at Police Station Rehambal on 22.06.2025. It was submitted in the application that during the course of investigation in aforesaid FIR, it emerged that the accused has already committed similar kind of offences on earlier occasions and in that regard, 04 No. of FIR(s) had been registered against him. In addition to the aforesaid, the vehicle bearing registration no. JK02DA-8994, the attachment of which is sought had been foundinvolved in similar kind of offences in 04 no. of FIR(s). Furthermore, the owner of the offending vehicle, namely Murad Ali S/o Nek Alam R/o Kadyal, Tehsil R.S. Pura, District Jammu was also found involved in illegal transportation of bovine animals and there are 05 no. of FIR(s) registered against him.
"As emanating from the record, there are collectively 13 FIR(s) against the accused, the owner and the vehicle sought to be attached. It is pertinent to mention herein that all the FIR(s) pertain to similar kind of offences i.e. transportation of cattle and cruelty to animals.
Moreover, amongst the aforesaid FIR(s), in 09 FIR(s), either the accused is convicted and sentenced or the owner of the aforesaid vehicle is convicted and sentenced. It is also observed that in 04 FIR(s) in which the aforesaid vehicle is involved on earlier occasion, the accused person(s) stand convicted by the respective Courts" the Court observed.
The Court further observed that Since the FIR(s) in which vehicle was involved on earlieroccasions culminated into conviction and also taking intoconsideration the fact that this is 5th time, the aforesaid vehicle is involved in the commission of offence of illegal transportation of bovine animals and also infliction of cruelty upon the animals and also, in all the 13 FIR(s) either the accused is involved or the owner is involved or vehicle is involved, therefore at this stage, I am of the considered opinion that if prior issuance of notice is not dispensed with, the same would defeat the object of attachment.
Furthermore, in light of the aforesaid facts, there exists a strong prima facie case to presume that the aforesaid vehicle has been purchased from the proceeds of crime.SHO P/S Rehambal was directed to attach the vehicle i.e. Mahindra Bolero Pickup Van bearing Registration No. JK02DA-8994 owned by the Murad Ali S/o Nek Alam R/o Kadyal, Tehsil R.S. Pura, and District Jammu forthwith, in presence of Executive Magistrate 1st Class (Tehsildar) Udhampur."

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