HAJI USMANBHAI HASANBHAI QURESHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the wake of Art. 48 of the Constitution the State of Bombay also passed an enactment, the Bombay Animal Preservation Act, 1954 for the preservation of animals suitable for milch, breeding or for agricultural purposes. Under sub-s. (1) of S. 2 the Act was to apply in the first instance to the animals specified in the schedule and the schedule mentioned bovines (bulls, bullocks, cows, calves, male and female buffaloes and buffalo-calves). Under sub-s. (2) of S. 2 the State Government may, by notification in the official gazette, apply the provisions of this Act to any other animal, which in its opinion, it is desirable to preserve. It does not appear that the provisions of the Act were ever made applicable to any other animals after the initial enactment of the Act and the schedule by the Bombay legislature. Section 5 of the Act, so far it is material, runs:

(2.) In 1961 by the Gujarat Act 16 of 1961, sub-s. (1A) was in S. 5 of the Principal Act inserted which read:

(3.) Thereupon a consequential change was effected in sub-and. (2) of S. 5, after the insertion of sub-s. (1A). It read: