Anil Kumar Choudhary, J. - (1.) Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with C-III Case No. 69 of 2015 registered under Sections 12 of the Jharkhand Bovine Animals Prohibition of Slaughter Act, 2005, pending in the Court of learned A.C.J.M, Ranchi.
(2.) Heard learned counsel for the petitioner and learned Addl. P.P. for the State.
(3.) The learned counsel for the petitioner has submitted that the allegation against the petitioner is that a search was conducted by the Inspector, SPCA and he found that the two bovine animals (cows) were slaughtered and hanged; two cows and one ox were kept tied cruelly. The learned counsel further drew the attention of this Court to page No. 26 of the brief which is the certified copy of the order, dated 26.08.2015 of Criminal Revision No. 119/15, passed by Judicial Commissioner, Ranchi, wherein the Judicial Commissioner, Ranchi has held that the cognizance order was passed mechanically by the learned Magistrate and set aside the said cognizance order and remitted back the case to the court of Magistrate to pass appropriate order. But the learned Magistrate has again taken cognizance for the offence punishable under Section 12 of the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005. The learned counsel for the petitioner further submitted that under Section 10 of the Jharkhand Bovine Animals Prohibition of Slaughter Act, 2005, only the competent authority as defined under Section 2 (J) of the Jharkhand Bovine Animals Prohibition of Slaughter Act, 2005 or veterinary officer or any person authorized in writing by them can enter a premises, inspect and conduct the search in respect of the offences under the Act. The competent authority has been defined in Section 2 (J) of the Jharkhand Bovine Animals Prohibition of Slaughter Act, 2005 as "any officer not below the rank of Sub-Divisional Magistrate who may be authorized by the State Government by notification in the official gazette for the purpose of this Act." But as the Inspector of SPCA-the informant, is not empowered to enter any premises, inspect or conduct the search under Section 10 of the Act, hence, the prosecution of the petitioner on the basis of his report is not proper. It is further submitted that the allegations are false. Therefore, it is prayed that the petitioner may be given the privilege of anticipatory bail.;