Ham Nath vs State of U.P.

T.P. Garg, J.—This criminal revision has been filed against the order dated 2021997, passed by the Addl. C.J.M. I, Basti in case Crane No. 30 of 1997 under Section 3/5A/8 of the Prevention of Cow Slaughters Act read with Section 11 of the Prevention of Cruelty of Animals Act, registered at P.S. Nagar, District Basti, whereby the prayer of the petitioners/revisionists for the release of seven cows of superdagi has been rejected.

Heard the learned Counsel for the petitioners, and the learned A.G.A. for the State. Both agreed that this petition maybe disposed of finally at the stage of admission itself.

The case of the petitioners is that all the cows of the petitioners were homebred and so they were being kept at their respective houses, but the police, for extraneous considerations, took them away on the false pretext that they were being kept for slaughter. An affidavit has been filed along with the petition/revision annexing thereto photocopies of certain documents showing the ownership of the cows to be that of the petitioners. It is also the case of the petitioners that if the cows are not given in custody of the petitioners, they would suffer irreparable loss, as some of the cows may die in custody of the police for want of proper care and feeding.

At this stage it cannot be said that the cows were being kept for purposes of slaughter. The petitioners have claimed ownership of these cows and have produced certain documents in proof thereof in order to establish their entitlement to get interim custody of the cows. Needless to say, that in the custody of the police or the keeper of the cattle pond, the animals cannot have that much care and feeding which they receive from their owner. There is no other claimant also.

Therefore, keeping in view the facts and circumstances of the case as well as the welfare of the livestock, it is hereby directed that the learned Addl. C. J.M. I, Basti, would give the cows in the interim custody of the petitioners provided they furnish adequate security other than in cash or bank guarantee and deposit a reasonable amount towards expenses incurred so far by the police on their maintenance. This order is, however, subject to the petitioners'' establishing their prima facie ownership and entitlement before the learned Addl. C. J.M. I, Basti.

With the aforesaid observation/direction, this revision is allowed and the impugned order is set aside.

Revision allowed