RAM NAIN KEWAT Vs. STATE OF U P
LAWS(ALL)-1993-11-37
HIGH COURT OF ALLAHABAD
Decided on November 03,1993

RAM NAIN KEWAT Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

O.P Jain, J. - (1.) 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 inter cepted 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. 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. It is not necessary for this Court to go into ihis question and this Court is called upon to decide the question of inter im 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 per son to whom the custody has been given. This amount will be deiermined by the respective District Magistrates in accord ance with rules framed under U.P. Govadh Nivaran Adhiniyam, 1955, and the Preven-lion of Cruelly to Animals Act, 1960.
(3.) WITH the above directions, the revisions are finallydisposed of. Revision disposed of.;


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