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Ram Nain Kewat vs State of U.P.

Allahabad High Court · Decided on 3 November 1993 · Citation: (1993) 11 AHC CK 0019

HON’BLE JUDGES
O.P.Jain, J
ACTS & SECTIONS REFERRED
Uttar Pradesh Govadh Niwaran Adhiniyam, 1955 — Section 5A
RESULT
Disposed Of
CASE NUMBER
Criminal Revision No. 1558 of 1998 connected with Criminal Revision Nos. 1589, 1586 and 1585 of 1998
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Judgment

5 paragraphs · 357 words

O.P Jain, J.—Mr. J.B. Singh. Mr.S.N. Singh and Ms. Usha Kiran are present for the revisionists. Mr. A.B. Saran, Senior Advocate, alongwith Mr. M.P. Sarraf is present for the Goshala and A.G. A. for the State.

2.

Some bullocks and Cows have been ceased by the police under the provisions of U.P. Govadh Nivaran Adhiniyam, 1955 and the Prevention of Cruelly to Animals Act, 1960. These cattle have been intercepted at different places in dislricts Azamgarh, Ghazipur and Kushi Nagar. According to the prosecution, the revisionists were transporting the catties to some places outside the State of U.P. for the purpose of slaughter.

3.

The contention on behalf of the revisionists is that Section 5(A) of U.P. Govadh Nivaran Adhiniyam, 1955, prohibits transportation for slaughter to a placeout side the State. It is contended that in the instant case, the cattle were being transported fr6m one part to another part of U.P. and, therefore, no offence has been committed.

4.

It is not necessary for this Court to go into ihis question and this Court is called upon to decide the question of interim custody of the cattle. After hearing, the learned Counsel at length, it is ordered that the cattle may be released in favour of their respective revisionists subject to the condition that each of them will furnish cash security in a sum to be determined by the trial Court on the basis of the market value of the cattle. Before the cattle are released, each petitioner will be required to furnish a personal bond together with one surety that the cattle will be produced before the trial Court as and when they are required for the purpose of the trial. Before actual release of cattle, the revisionists will pay the charges of transportation, treatment, fooding etc., which may have been incurred by the person to whom the custody has been given. This amount will be deiermined by the respective District Magistrates in accordance with rules framed under U.P. Govadh Nivaran Adhiniyam, 1955, and the Prevenlion of Cruelly to Animals Act, 1960.

5.

With the above directions, the revisions are finallydisposed of. Revision disposed of.