Anish vs State of Uttarakhand

Hon''ble Prafulla C. Pant, J.—Heard. By means of this petition, moved u/s 482 of Cr.P.C., the petitioner has challenged the order dated 29.03.2012, passed by Additional Chief Judicial Magistrate, Kashipur, whereby said court has declined the release of the twenty six cattle (oxen) seized by the police. The order dated 06.04.2012, passed by the revisional court in Criminal Revision No. 71 of 2012, affirming order of the Magistrate is also challenged.

Learned counsel for the petitioner submitted that all the twenty-six cattle (oxen) belong to the petitioner, who is their owner It is further submitted that the petitioner''s business is the sale and purchase of the cattle, and he has nothing to do with the slaughtering of the cattle. The only allegation made against him is that all the twenty six cattle were being transported in one vehicle and thereby the animal were subjected to cruelty. It is further pleaded that the cattle kept in Gaushala Ghandhi Aashram Pacchawala, Kundeshwari are being maintained at the cost of the petitioner, who is making payment of Rs. 27 per ox per day. Even after making payment the petitioner has apprehended that cattle may not be maintained well. Most of the oxen are aged between seven to nine years and fit for being used for cultivation. It is nobody''s case that the oxen seized do not belong to the petitioner. In the above circumstances, the petition u/s 482 of Cr.P.C., is allowed, the cattle seized by the Police vide Memorandum Dated 23.03.2012, shall be released after furnishing personal bond of Rs. one lakh by the petitioner and two sureties of like amount to the satisfaction of Magistrate concerned.