SADDAM Vs. THE STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the accused applicant and learned counsel for the State and perused the F.I.R. and other relevant papers filed in support of the bail application.

(2.) Counter affidavit filed today is taken on record. As per FIR, accused applicant was found driving vehicle in which 82 bullocks and 30 cows were loaded, out of which 6 bullocks and 4 cows were dead. There are no allegations of violation of any of the provisions contained in U.P. Prevention of Cow Slaughter Act, 1955. Sec. 3 prohibits slaughtering of cow, bull or bullock and Sec. 5 prohibits sale of beef. Both these prohibitions do not find to have been violated, as nothing is mentioned in the recovery memo. The learned Magistrate and Learned Additional Sessions Judge did not bother to go through the recovery memo which recites that none of the accused were found at the place of recovery nor any weapon of slaughtering has been recovered.

(3.) Now, allegations remains for the offence punishable under Sec. 11 of Animal Cruelty Act, which reads as follows: