R.B.MISHRA, J. - (1.) THE abovemen-tioned Criminal Misc. Application, writ petition and Criminal Misc. Revision in­volve the common question relating to the order of learned Judicial Magistrate as well as learned Sessions Judge, rejecting the ap­plications for release of cattle alleged to have been involved under Section 3/5A/8 Cow Slaughter Act, 1955 and Section 11-D of Prevention of Cruelty to Animals Act, 1960.
(2.) I have heard learned Counsel for the petitioners/applicants, learned Coun­sel for the revisionist and Sri Satish Trivedi, learned Senior Counsel with Anil Kumar Singh as well as learned AGA for the State. The date of incident case crime number Police Station in respect of the criminal case number date of impugned orders passed by the respective Judicial Magistrate/Sessions Judge are given herein as under: Case No. Date of incident Case Crime No. Police Station Dt. of impugned Name of the 21-5-2001 27-5-2001 12-6-2001 28-4-2001 133 of 2001 202 of 2001 97, 98, 99 and 100 of 2001 102 of 2001 217/2000 Rev. 20/2001 217/2000 Rev. 19/2001 217/2000 Rev. 18/2001 Maharaj Ganj Sadi, Azamgarh Phulpur Azamgarh Tarwa Azamgarh Ekdil Etawah Banda Shahjahanpur Banda Shahjahanpur Banda Shahjahanpur 11.6.2001 2.6.2001 16.6.2001 19.5.2001 30.4.2001 30.4.2001 Crl. Appeal No. 3088 of 2001 Raju Singh and others v. State of U.R andothers Rajcsh Gupta v. State of U.P. Cr. Revision No. 3088 of 2001 RamGopalv. State of U.P. C.M.W.P.No. 4176 of 2001 Nisar Ahmad v. Illrd Additional District Judge, Etawah Cr.M.W.P.No. 4159 of 2001 (sic) v. Addition­al District Judge Shahjahanpur Cr.M.W.P.No. 4159 of 2001 (sic) v. Addition­al District Judge Shahjahanpur CM.WP No. 4161 of 2001 Vasim Khan v. Additional Dis­trict Judge Shah jahanpur The miscellaneous criminal ap­plication No. 3088 of 2001 has been filed by five applicants stating that they are the owners of two bullocks each, total num­bering 10 bullocks which they have pur­chased from Zila Panchayat Karyalaya, . Basti for their agricultural purposes, after obtaining receipt of purchase snowing the address of the seller and purchaser as well as price of the bullocks. When they reached in the circle of the police station Maharajganj, Tehsil Sigdi, District Azam-garh, they were intercepted by the Police and the First Information Report dated 21-5-2001 was lodged in respect of the alleged offences having been committed under Section 3/5A/8 Cow Slaughter Act, 1955 and Section 11-D of Prevention of Cruelty Animals Act, 1960. It has been contended by learned Counsel for the ap­plicants that they were taking these bul­locks to their home and not for slaughter­ing. It has been submitted on behalf of the applicants.That these bullocks were heal­thy who are getting sufficient fodder and straw and now they apprehended that in lack of adequate fodder and straw avail­able in the police station the health of these cattle would be deteriorated there­fore, they prayed for release/Supurdagi of these bullocks through an application dated 8-6-2001 filed before the CJM Azamgarh. The applicants have also as­serted that the place of interception of these catties lies at a distance of 2(K) km within the boundary- of neighbouring State. They also asserted that these bul­locks were being carried on foot and there is nothing on record to show that they were doing any cruelty towards these cattle. The Additional Chief Judicial Magistrate, Azamgarh in his order dated 11-6-2001 has referred that no permit or licence in respect of transportation of these bullocks were produced before him and learned ACJM has expressed apprehension if the Supurdagi of these bullocks/cattle's are given to the applicants, the possibility of their being slaughtered could not be ruled out. Therefore, the application for release or Supurdagi of these bullocks were rejected.
(3.) THE Criminal Revision No. 1569 of 2001 has been preferred under Section 379 read with 401 Criminal Procedure Code on behalf of Sri Rajesh Gupta the applicant herein who claimed that he is involved in trading business of cattle and when 15 bullocks in number were being transported from Mohammadpur for sale after purchasing these bullocks from Akbarpur market, these, bullocks were inter­cepted on 27-5-2001 by the police of police station Phoolpur district Azamgarh. Various receipts dated 24-5- 2001 and challans dated 26-5-2001 show the pur­chase of these bullocks from Ram Rahim Nagar Pashughat, Shahjahanpur, Akbarpur (Ambedkar Nagar) being transported by Truck No. UP78-H-5867, as such the seizure of these cattle by the local police was bad in law. The applicant has filed for release/Supurdagi of these cattle on the apprehension that these bullocks when in­tercepted were being treated with cruelty and the possibility of these bullocks being slaughtered could not be ruled out after they are being released. The application of release/Supurdagi of bullocks/cattle was therefore, rejected by Additional Chief Judicial Magistrate, Azamgarh by this order dated 2-6-2001.;