- (1.) T. P. Garg, J. This criminal revision has been filed against the order dated 14-3-1997 passed by the Addl. Chief Judicial Magistrate, Gyanpur, Bhadohi in Case Crime No. 42 of 1997 under Section 5/8 of Prevention of Cows Slaughter Act, P. S. Gopiganj, District Bhadohi, rejecting the application of the revisionist for the release of the cattle.
(2.) HEARD the learned counsel for the revisionist, and the learned A. G. A. for the State. Both agreed that this petition maybe disposed of finally at the stage of admission itself. It is undisputed that 14 bullocks and 2 cows were purchased by the petitioner from the cattle-fair Makichanpur district Firozabad, as per various receipts, photo copies of which have been placed on record. It is also undisputed that the aforesaid livestocks were being transported to Ballia Cattle fair for sale through New Khan Road Lines in a truck U. P. 75/a 2405. On 26-2-97 when they were intercepted by the Sub-Inspector of Police, Police Station Gopiganj, all these cattle along with the truck were taken into custody vide memo Annexure-1 to the petition. The petitioner moved an application for release of the cattle before the learned Addl. Chief Judicial Magistrate, Gyanpur, Bhadohi, but the same was rejected vide the impugned order and hence, the petition. The case of the petitioner is that if the animals are not given in custody of the petitioner, he would suffer irreparable loss as some of the bullocks/cows may die in custody of the police for want of proper care and feeding.
(3.) AT this stage, it cannot be said that the bullocks were being transported for the purpose of slaughter. The petitioner has claimed ownership of these animals and has also shown receipts in proof of their purchase and to establish his entitlement to get interim custody of the livestocks. Needless to say, that in the custody of the police or the keeper of the cattle pond, the animals cannot have that much care and feeding which they receive from their owner. There is no other claimant also. Therefore, keeping in view of the facts and circumstances of the case as well as welfare of the livestocks, it is hereby directed that the learned Addl. C. J. M. Gyanpur Bhadohi would give the cattle in the interim custody of the petitioner provided he furnishes adequate security other than in cash or bank guarantee and deposit a reasonable amount towards expenses incurred so far by the police on their maintenance. This order, is, nowever, subject to the petitioner's establishing his prima facie ownership and entitlement before the learned Magistrate.;