- (1.) KUNDAN Singh, J. This revision has been preferred against the order dated 3-5-1993 passed by the 3rd Additional Munsif Magistrate, Kasia District Deoria, whereby he has refused the prayer of the applicant to release the 7 bullocks in his favour. The cattle are said to have taken into custody in con nection with Crime No. 97 of 1993 under Section 5-A/8 of the Prevention of Cow Slaughter Act and Crime No. 98 of 1993 under Section 11 of the Preven tion of Cruelty to Animals Act, registered at Police Station Tarya Sujan district Deoria.
(2.) THE learned counsel for the applicant contended that the transporta tion of bullocks is no offence and 7 bullocks of the applicant have illegally been taken into custody by the police, and that at this stage no offence was made out against the applicant, hence the application moved by the applicant before the learned Magistrate to given the interim custody of the cattle should not have been rejected by the Magistrate. The learned counsel for the applicant further argued that in case the cattle are not released in favour of the applicant, be will suffer a substantial loss. Heard learned A. G. A. also and perused the order of the Magistrate. At this stage, no presumption can be drawn that the cattle were being taken for slaughter unless the trial court gives a positive findings to that effect. No other person except the applicant has come forward to claim the ownership of the animals, in case the cattle numbering 7 are allowed to remain m the police custody or cattle-pond they may die for want of proper care and feeding and in that event, needless to say, the applicant may lose many animals, result ing in a substantial loss to him. 6. Accordingly, keeping in view the interest of live stock, 1 direct the 3rd Additional Munsif Magistrate, Kasia, district Deoria, to give interior custody of the cattle to the applicant forthwith on his furnishing adequate security, if prima facie he establishes his title to the aminals. 7. With the observations above, this revision stands disposed of finally. Revision disposed of. .;