- (1.) KUNDAN Singh, J. This revision is directed against the order of the Additional Chief Judicial Magistrate, Kasia, district Deoria, dated 10-1-1994, passed in Criminal Case No. 198 of 1994, relating to Police Station Ram Kola, district Deoria, under Sections 3/5-A/8 of Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act, whereby the application of the revisionists for giving interim custody of the bullocks seized has been rejected. The application moved application before the learned Magistrate that each of the applicants except Vindhyachal had a pair of bullocks while Vindhyachal had 3 bullocks in the truck and they were carrying of those bullocks to the Cattle fair Padrauna in the District of Deoria for sale but in the way the police intercepted the truck, arrested the applicants and seized bullocks.
(2.) THE applicants have filed supplementary affidavit annexing there with a copy of the application moved by them before the learned Magistrate under Section 457, Cr. P. C. I have gone through that application also and perused the order of the Magistrate and other relevant document filed with revision. In the application moved before the learned Magistrate it is mentioned that they are filing the receipts regarding purchase of the animals and have also claimed ownership about them. THE learned Counsel for the applicant has contended that in case the bullocks are not given in the custody of the appli cants, they shall suffer immense loss some of the bullocks may die in the cattle pond or in the custody of the police for want of proper care and feeding. Heard learned Counsel for the State also. At this stage it cannot be said that the bullocks were being trans ported for the purpose of slaughter. The applicants have claimed ownership about those animals and have also tendered receipts in proof of their purchase and establish of their entitlement to get interim custody of the bullocks. Need less to say that in the custody of police or the keeper of the cattle pond the animals cannot have that care and feeding which they may receive from owners, there is no other claimant also of the animals. Therefore, keeping in view the facts and circumstances of the case and welfare of the live stock. I directed the learned Magistrate to give the bullocks in the interim custody of the applicants provided they furnish adequate security other than in cash or bank guarantee and deposit the reasonable amount of expenses so for incurred by the Police/manager of the cattle pond. This order is subject to the applicants establishing their prima facie ownership and entitlement before the learned Magistrate.
(3.) WITH the observations above, this revision stands disposed of finally. Revision disposed of. .;