MD. VASIM QURASHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner is owner of 28 buffaloes, which were seized pursuant to FIR No.241/2020, registered at Police Outpost-Manora, District-Jashpur against him and co-accused persons for offences under Sections 4,6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 (hereinafter called as 'the Act of 2004') and Section 11 of the Prevention of Cruelty to Animals Act, 1960.

(2.) As per FIR, truck bearing registration No.HR-55 Q5-980, which was plying from the State of Chhattisgarh to Jharkhand Slaughter house carrying 23 male buffaloes and 5 female buffaloes were seized and above-stated offences were registered. The petitioner made an application under Section 457 of the CrPC for grant of interim custody of said cattles, which was rejected by the Chief Judicial Magistrate, Jashpur on 8.12.2020 in the light of Section 7 of the Act of 2004, which has been affirmed by the revisional Court and custody has been directed to be given to the registered Goshala in the light of Section 7 of the Act of 2004 and decision of this Court in the matter of Jalil Ansari and Ors. v. State of C.G. and Ors., 2012 1 CgLJ 176 against which, this petition under Section 482 of the CrPC has been filed.

(3.) Mr.A.K.Prasad, learned counsel for the petitioner, would submit that the petitioner being owner of the cattle is entitled to have interim custody of seized cattle as there is no express statutory bar contained in the Act of 2004 and Section 7 of the Act of 2004 is only enabling provision for keeping the seized cattle till the conclusion of prosecution, if application for interim custody is not made or it is rejected, but it will certainly not bar the application for interim custody under Section 451 and 457 of the CrPC. He would further submit that decision rendered by this Court in Jalil Ansari (supra) requires reconsideration.