Acquittal In Criminal Case Is A Factor While Deciding Confiscation Proceedings Under MP Cow Slaughter Prohibition Act: Supreme Court
Live LawThe Supreme Court observed that the acquittal of an accused in a criminal case under Madhya Pradesh Prohibition of Cow Slaughter Act, 2004, is a factor to be considered while deciding confiscation proceedings under the Act. Headnotes Madhya Pradesh Prohibition of Cow Slaughter Act, 2004 ; Section 11 - In a case where the offender/accused are acquitted in the Criminal Prosecution, the judgment given in the Criminal Trial should be factored in by the District Magistrate while deciding the confiscation proceeding. Madhya Pradesh Prohibition of Cow Slaughter Act, 2004 ; Section 13A - The burden on the State authority to legally justify the confiscation order, cannot be shifted to the person facing the confiscation proceeding. Madhya Pradesh Prohibition of Cow Slaughter Act, 2004 ; Section 11 - M.P Govansh Vadh Pratishedh Rules, 2012 ; Rule 5 - The confiscation proceeding, before the District Magistrate, is different from criminal prosecution.