ALAMGIR Vs. STATE OF U P

JUDGEMENT

(1.) N. L. Ganguly, J. TWenty-seven cattle (cows) were ceased and the prosecution is going on under the Anti-Cows Slaughter Act. The cows are the case property and are given in custody of the supurdar. The application for release of the cattle was moved by the applicant, who is accused in the case. At the initial stage the application for release of cattle was rejected. A revision was filed. The matter was remanded back for deciding the ownership of the cattle in the question and for passing suitable order on the application for release. The learned Chief Judicial Magistrate, Sonbhadra, vide order dated 6. 5. 1991 directed that the bail bond and security of Rs. 7,0007- for each animal be filed for release of the cattle in favour of the applicant besides the other two conditions. The learned counsel submit that the cows in question are old and if the total value of the entire cattle are calculated according to the amount fixed by the court below, it would be more than Rs. 6 lakhs. Such an order is prohibitive and deterrent order. If such order is allowed to stand, it would amount negation of the order of release of cows in favour of the applicant despite the order itself. The order, therefore, is not just and proper.

(2.) I have examined the seizure memo. It mentions that the cows are old one. I consider that the amount of 7,000/- fixed for each cow is slightly excessive. It should be based reasonably on the basis of the value of the cattle in question.