BALA SHEIKH Vs. STATE OF MP

JUDGEMENT

(1.) By preferring the present petition, the petitioner has challenged his conviction under section 6/9 and 6B/9 of Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 (here-in-after referred to as the Act, 2004) and 11(1)(d) of The Prevention of Cruelty to Animals Act , 1960 (here-in-after referred to as the Act, 1960) and sentence of one-one (1-1) year rigorous imprisonment with fine of Rs.5-5000/- for the offence under section 4 / 9 and 6B / 9 of the Act, 2004 and fine of Rs.50/- for the offence under section 11 (1)(d) of the Act, 1960. The sentence is awarded by the Additional Chief Judicial Magistrate, Devas in criminal case number 1383/2015 vide judgement dated 18.07.2016 and is confirmed vide judgement dated 17.04.2018 rendered by IIIrd Additional Session Judge, Devas in Criminal Appeal No. 261/216.

(2.) Facts of the prosecution case in brief are that on 18.03.2015 at about 15:30, Head Constable Anand Singh Jhala along with Constable ( ((THELAW))) Nitin & constable Abhishek was on patrol duty. When they reached Bhopal Road bypass, Head Constable Ananda Singh received a secret information that a person is transporting cow progeny towards Maharashtra for slaughtering by Tata loading vehicle bearing registration number MP09NN5764. To verify the information, the police team reached on Rajoda Square and waited for the vehicle. After some wait; they noticed a vehicle coming from Rajoda side. The police stopped and searched it. On search, two cows and two calves were found in the vehicle. On interrogation driver Bala revealed before the police that he was carrying the cow progeny to Maharashtra for slaughtering. The police seized the cow progeny as well as the vehicle vide seizure memo Ex.P/1, arrested the accused vide arrest memo Ex.P/2, got the cow progeny examined by the veterinary doctor, received the report Ex.P/3, handed over the cow progeny to Jamnod Goshala, obtained a receipt of handing over the animals to the Goshala Ex.P/6, entered the incident in the Rojnamcha Ex.P/7 and registered Crime Number 290/2015 at Police Station BNP, Dewas by scribing FIR exhibit P/4. The police further investigated the case, recorded the statements of the witnesses and after completing the investigation, filed the charge-sheet.

(3.) The appellant was charged, tried, convicted and sentenced as stated in para 1 above.