[Criminal Appeal No. 219 of 2013 arising out of S.L.P. (CRL.) No. 8971 of 2012]. This appeal is directed against the judgment and order dated25.09.2012 passed by the High Court of Gujarat at Ahmedabad in Special Criminal Application No. 2755 of 2012 whereby the High Court dismissed the application filed by the appellant herein. Brief facts: The vehicle of the appellant, Eicher Truck, was seized by the police, which was found to be transporting 28 buffalo calves. The First Information Report (in short "FIR") was registered against the appellant on02.08.2012 for the offences punishable under Sections 279 and 114 of the Indian Penal Code, 1860 (in short "IPC"), Sections 184, 177 and 192 of the Motor Vehicles Act, 1988 (in short "M.V. Act"), Sections 5, 6, 8 and 10 of the Gujarat Animal Preservation Act, 1954 (hereinafter referred to as "the Principal Act") and Section 11 of the Prevention of Cruelty to Animals Act, 1960. The appellant filed an application being Criminal Misc. Application No. 9 of 2012 under Section 451 of the Code of Criminal Procedure, 1973 (in short "the Code") for the release of his Eicher truck before the Judicial Magistrate, First Class, Gandhinagar, Gujarat. Vide order dated24.08.2012, the Judicial Magistrate rejected the said application on the ground that as per the provisions of Section 6B(3) of the Gujarat Animal Preservation (Amendment) Act, 2011 (hereinafter referred to as "the Amendment Act"), the vehicle shall not be released before the expiry of six months from the date of its seizure.
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