SUPERINTENDENT AND REMEMBRANCER OF LEGAL AFFAIRS Vs. DEONANDAN ROY
LAWS(CAL)-1976-9-33
HIGH COURT OF CALCUTTA
Decided on September 09,1976

SUPERINTENDENT AND REMEMBRANCER OF LEGAL AFFAIRS Appellant
VERSUS
Deonandan Roy Respondents


Referred Judgements :-

STATE OF MADHYA PRADESH VS. AZAD BHARAT FINANCE CO [REFERRED TO]


JUDGEMENT

Sudhamay Basu, J. - (1.)This Rule has been obtained against Order No. 7 in case No. C.R. 1655 of 1974 dated August 7, 1974, passed by the learned Metropolitan Magistrate, Sixteenth Court, Calcutta, sentencing the accused/opposite parties under Sec. 12(1)(vi) of the West Bengal Cattle Licensing Act, 1968, to pay a fine of Rs. 100, in default to suffer R.I. for twenty days each.
(2.)The accused/opposite parties were tried for keeping 22 buffaloes in the land of the Calcutta Port Commissioners on the bank of river Hooghly at Jagannath Ghat on July 31, 1974, without any licence from the Licensing Authority for keeping cattle. As the accused failed to produce any licence, the buffaloes were seized by the Police. After investigation, the Police submitted charge -sheet. The accused Nos. 1, 2 and 3 Deonandan Roy, Bhola Roy and Sudhdeo Jadav claimed to be the owners of 11, 10 and 1 buffaloes respectively and pleaded guilty of the charge. The learned Magistrate accepted their plea of guilt, convicted them and sentenced them as noted above. He also directed release of the seized buffaloes and returned them to the persons from whom they were seized, on proper receipt. The learned Magistrate, it may be noted, did not direct any forfeiture of the cattle. The said order is challenged by the Superintendent and Remembrancer of Legal Affairs. As notice was not served on the accused No. 3 Sudhdeo Jadav, this Rule has been discharged so far as he is concerned.
(3.)The only point argued before us was on the ground of sentence. Mr. Chakraborty, learned Advocate appearing on behalf of the Petitioner, urged that forfeiture was mandatory under Sec. 12(1)(vi) of the West Bengal Cattle Licensing Act, 1959 and that the sentence passed by the learned Magistrate was illegal.
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