Mahboob vs State of U.P.

P. K. Jain, J.—Heard learned Counsel for the revisionist and the learned A.G.A.

The revision is being finally disposed of at the admission stage.

Certain catties were seized from the possession of the revisionist which were transported in Truck No. DLIGA4716. The police registered a case under Sections 3/5A and 8 of the Cows Slaughter Act and for other offences. The revisionist moved an application before the learned Magistrate for release of the catties in his favour stating that he was owner of the catties. The said application was rejected on the ground that the revisionist failed to establish his ownership and the learned Magistrate also cited two rulings but did not discuss as to how the same will not apply to the present case. The learned Counsel contends that the revisionist had filed receipts of purchase of the catties and had thus prima facie adduced evidence of ownership. The learned Magistrate appears to have rejected the receipts without further verification or giving opportunity to the revisionist to prove the documents. The ground assigned by the learned Magistrate for rejecting the receipts does not appear to be sufficient. In the circumstances, the revision is allowed. The impugned order dated 24997 is set aside. The learned Magistrate is directed to dispose of the release application afresh after giving an opportunity to the revisionist to prove receipts. The application shall be disposed of within two weeks from the date a certified copy of this order is filed by the revisionist before the learned Magistrate.

A certified copy of this order shall be supplied to the learned Counsel for the revisionist on payment of usual charges within 24 hours! Petition disposed of.