Vijay Kumar Verma, J. - (1.) HEARD Sri Ashwani Kumar Srivastava, Advocate, appearing for the applicants and AGA for the State.
(2.) BY means of this application under section 482 of the Code of Criminal Procedure (in short 'the Cr.P.C.'), it is prayed that the court below be directed to release the bullocks in favour of of the applicants, which were seized by the police of P.S. Brahm Puri, Meerut, in Case Crime No. 99 of 2009, under section 3/5A U.P. Prevention of Cow Slaughter Act, 1955 (in short 'the Cow Slaughter Act') and section 11 of the Prevention of Cruelty to Animals Act (in short 'the Animals' Cruelty Act'). From the record, it is revealed that the applicants were carrying 18 bullocks in two trucks, which were seized by the police of P.S. Brahmpuri, Meerut and a case under section 3/5A/8 Cow Slaughter Act and section 11 Animals' Cruelty Act was registered against the applicants and some other persons at crime No. 99 of 2009. The applicants have been released on bail vide order dated 25.03.2009, passed by Spl. Judge SC/ST Act, Meerut in Bail Application No. 990 of 2009. It appears that the applicants moved an application to release the bullocks in their favour. That application has been rejected by the Spl CJM, Meerut, vide order dated 02.04.2009. Being aggrieved, the applicants have invoked inherent jurisdiction of this Court to issue direction to the court below to release the bullocks in their favour. It is submitted by learned counsel for the applicant that in view of the law laid down by this Court in Asfaq Ahmad and another vas. State of U.P. and another 2008 (63) ACC 938 and Kailash Yadav and others vs. State of U.P. and another 2009 (64) ACC 6, mere carrying or transporting cow, bull or bullock from one place to another place in Uttar Pradesh does not constitute any offence under the Cow Slaughter Act, if other conditions specified therein are not satisfied.
(3.) NEXT submission made by learned counsel is that the applicants are carrying on the business of purchasing or selling animals and in present case also the applicants after purchasing the bullocks from Hissar (Haryana) were carrying them for the purpose of selling and they were not carrying the bullock for the purpose of slaughtering. It is also submitted in this context that merely on the basis of carrying or transporting the cow, bull or bullock, it can not be presumed that the same were being carried or transported for slaughtering. It is also submitted that while declining to release the bullocks in favour of the applicants vide order dated 02.04.2009 in case crime No. 99 of 2009, the court below totally ignored the guidelines and directions issued by the Hon'ble Apex Court in the case of Sundarbhai Ambalal Desai vs. State of Gujrat 2003 (46) ACC 233 SC.;