AKHIL BHARAT KRISHI GOSEVA SANGH Vs. STATE
LAWS(APH)-1992-3-77
HIGH COURT OF ANDHRA PRADESH
Decided on March 13,1992

AKHIL BHARAT KRISHI GOSEVA SANGH Appellant
VERSUS
STATE THROUGH PS, UPPAL Respondents

JUDGEMENT

- (1.)The petitioner, Akhil Bharat Krishi Goseva Sangh, is a voluntary Organisation which came forward to maintain Cattle, namely cows and calves, which became the case property in Cr. No. 149/91 of Uppal Police station, pursuant to the proceedings initiated under Ss. 5 and 10 of A.P. Cow Slaughter and Animal Preservation Act 1977.
(2.)202 cows and calves were seized from various persons under the provisions of the A.P. Cow Slaughter and Animal Preservation Act, 1977 ('the Act', in short) as it was alleged that the persons from whom the cattle were seized, were acting in violation of Ss. 5 and 6 of the Act, and were going to slaughter or cause to offer them for slaughter.
(3.)Pending enquiry into the case, the persons claiming to be the owners of the animals filed Crl.M.P. Nos. 2638 to 2644/91 claiming interim custody of the animals under S. 451, Cr.P.C. The petitioner society also filed Crl.M.P. 2645/91 for interim custody of the cattle. The learned Addl. Judl. I Class Magistrate, Hyderabad East and North, by his order dated 26-8-91 directed the interim custody of the animals to be with the petitioner-society in preference to the persons claiming ownership of the cattle, observing that the very purpose of the Act will be defeated, if the interim custody is given to the so-called owners, as they may slaughter the animals if custody is given to them. Having regard to the fact that the petitioner-society is a voluntary organization, engaged in charitable activities of looking after the welfare of the cattle etc., the learned Magistrate has rightly passed the order.
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