RAKESH SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The revisionists are charged with for the commission of an offence under Section 6(1) read with Section 11(2) of the Uttarakhand Cow Progeny Act, 2007, which was registered as Criminal Case No. 304 of 2011 for the offences which is said to have been committed at Bhaniyawala.

(2.) The allegation of the prosecution was that the revisionists, who are said to have been accused for commission of an offence under Section 3/6/11(2) of the Cow Progeny Act of 2007, which was registered as Criminal Case No. 304 of 2011, are alleged that they have committed an offence from the view point that (1) first, they were not having a valid document for the procurement of the two oxes, which were recovered from their custody, (2) secondly, they were charged with an offence that they were trying to carry the oxes from one State to another in violation of the provisions contained under Section 6(1) of the Act, as for the purpose of the transportation from one State to another they were not carrying any valid permit in that regard as per the provisions of the Act, (3) thirdly, the allegation, which was leveled by the prosecution was that at the time when the revisionists were apprehended on 14.11.2011, the allegation which was leveled was that the team of police personnels, who have apprehended the revisionists accuseds at Yogesh Bhatt, Nepali Chauraha, they have found that the revisionists at that point of time were carrying two oxes without a valid document with them to prove their valid possession of the oxes because under Section 6 of the Act transportation itself without a valid document is an offence under the Act.

(3.) The allegations, which was leveled against the revisionists, was to the effect that they were walking with the two oxes from Chhiddarwala and they, in all probability, were likely to be taken to Bijnor (U.P.) from where the revisionists are said to be the resident of. The sole allegation for the purposes of charging the present revisionists for the offences under Section 3/6/11(2) of the Cow Progeny Act was that at the time when they were apprehended by the police personnels they were unable to produce any valid document, which could justify that they were legally possessing the oxes and they have violated the provisions contained under Section 6 of the Act of 2007.