- (1.) P. K. Jain, J. Heard Sri S. P. S. Raghav, learned counsel for the revisionist and the learned A. G. A.
(2.) ON 12-7-1997 S. O. , P. S. Paikolia dis trict Basti received information that some catties (cow and calves) were being transported for slaughter. The S. O. inter cepted Truck No. UP-15 4486 and recovered from it 37 cattels. A case under Section 5/8 of the Cow Slaughter Act was registered against the revisionist. The revisionist applied for release of the cattle on the ground that he had pur chased the cattles from Vaidpurwa and was faking them for sale to Gonda. That applica tion was rejected by the learned Magistrate on the ground that in case the catties are released they are likely to be slaughtered. Learned counsel for the revisionist has challenged this order and has vehement ly argued that there was no material before the learned Magistrate on the basis of which it could be said that the catties were being transported for slaughtering. Merely on the basis of suspicion that the cattle's might be slaughtered the application for release can not be refused. The catties are in the custody of the police since 12-7-97. No material ap pears to have been collected so far showing that the catties in question were being transported for slaughtering. The case of the re- sionist is that he carried on the busi ness oi purchase and sale of catties and he was taking the same to Gonda for purposes of the said business. Prima facie there is no material raising suspicion about the above claim of the revisionist. In any case, that is question of fact which will be finally decided during the trial. The catties can not be detained indefinitely and can not be looked after properly by the Supurdagar. In these circumstances, the revision deserves to be allowed and is hereby allowed. The learned Magistrate is directed to release the catties in favour of the revisionist after taking ade quate security. Revision allowed. .;