Azmeri vs State of U.P.

T.P. Garg, J.—This revision has been filed against the order dated 12.3.1997 passed by the Chief Judicial Magistrate, Basti in case Crime No. 53 of 1997, u/s 3/5/8 of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, registered at Police Station, Khalilabad. District Basti, whereby the prayer of the Petitioner for release of 17 bullocks on superdari has been rejected.

Heard the learned Counsel for the revisionist and learned A.G.A. for the State. Both have agreed that this petition may be disposed of at this stage itself.

It is undisputed that the aforesaid bullocks were purchased by the revisionist from the cattle market, Mahrajganj Tarai (Gonda) vide receipts No. 14 to 20, annexed as Annexure 2 to the petition. It is also undisputed that these bullocks were carried in truck No. U.P. 12-B/1020 hired through the Meerut-Muzaffarnagar, Mangala Transport Company as per builty, filed as Annexure 2 to the petition.

It is contended that bullocks were being transported in the aforesaid truck but were seized by the police and a case as aforesaid was registered. The case of the Petitioner is that if bullocks are not given in the custody of the Petitioners, they would suffer irreparable loss as some of the bullocks may die in the custody of police for want of proper care and feeding at this stage.

At this stage, it cannot be said that bullocks were being transported for the purpose of slaughter. The Petitioner has claimed ownership of these bullocks and has also shown the receipts in proof of their purchase and to establish their entitlement to get interim custody of the bullocks. Needless to say that in the custody of the police, or the one keeper of the cattle pond, the animals cannot have that much care and feeding which they receive from their owners. Their is no other claimant also.

Therefore, keeping in view the facts and circumstances of the case as well as welfare of the livestocks, it is hereby directed that the learned Chief Judicial Magistrate, Basti would give the bullocks in the interim custody of the Petitioner, provided he furnishes adequate security other than in cash and bank guarantee and deposits a reasonable amount towards expenses incurred by the police on their maintenance so far. This order is, however, subject to the Petitioner''s establishing his prima facie ownership and entitlement before the learned Magistrate.

With the aforesaid observations/directions, this revision is allowed and the impugned order is set aside.