Samsad and Another vs State of U.P.

T.P. Garg, J.—This criminal revision is directed against the order dated 26.3.1997 passed by the Civil Judge (J.D.) Basti refusing to release the bullocks which are subject-matter in Case Crime No. 33 of 1997 u/s 3/5/8 of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, P.S. Chawani, District Basti, whereby the prayer of the Petitioners for release of the bullocks was rejected.

Heard Sri Ravindra Rai, learned Counsel for the Petitioners and learned A.G.A. for the State. Both have agreed that this petition may be disposed of finally at the stage of admission itself.

It is undisputed that certain bullocks were purchased by the Petitioners from the cattle fair held by Zila Panchayat Muzaffarnagar vide various receipts, photocopies of which have been annexed along with the affidavit as Annexure 1. It is also undisputed that these animals were being transported in the trucks hired through Aashman Transport Commission Agent, Thana Bhawan, Muzaffarnagar vide two bilties Annexure 2 to the affidavit. Vide these bilties there were 23 animals being transported. However, these animals were seized by the Police Station Chawani, District Basti while the animals were being transported to Muiyabazar district Padrauna for sale. A case was registered against the Petitioners.

The case of the Petitioners is that if the animals are not given in their custody, they will suffer irreparable loss and some of the animals may die in the custody of the police for want of proper care and feeding. A perusal of the impugned order shows that the learned Magistrate was perhaps not satisfied with the illegible copies of the receipts produced on account of which the impugned order was passed. Be that as it may, at this stage, it cannot be said that the bullocks were being transported for the purpose of slaughter. The Petitioners have claimed ownership of these bullocks and have also shown receipts in proof of their having purchased the same in order to establish their entitlement to get interim custody as during the period they remain in the custody of the police, the animals cannot perhaps have that much care and feeding which they would otherwise receive from their owners. There is no other

Therefore, keeping in view of the facts and circumstances of the case as well as welfare of the livestock, it is hereby directed that the learned Civil Judge (Junior Division) Basti would give the bullocks 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 his prima facie ownership and entitlement before the learned Civil Judge (Junior Division) Basti.

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