BALLA Vs. STATE OF U P

JUDGEMENT

(1.) This is a reference by the Additional Sessions Judge of Saharanpur, recommending that the conviction and sentence of the applicants under Section 175, District Boards Act, 1922 (U. P. Act 10 of 1922) be quashed.

(2.) The accused were convicted for contravention of bye-law No. 1 framed by the District Board. Saharanpur, under Section 174(2)(k), District Boards Act published in Government Notification No. 2905/21-7(44-45) dated 1-6-1949 and subsequently amended by Notification No. 12883/21-25 (49-50) dated 21-8-1951 and No. 10574/21-25 (49-50) dated 21-6-1952. The bye-law in question provides that no person shall slaughter or cause to be slaughtered any cow bull, bullock, he and she calf, she buffalo, young or old, in any place situated within the area of the District Beard, Suharanpur.

(3.) The prosecution case against the accused was that in contravention of the aforesaid bye-law they had slaughtered a cow, the flesh of which was recovered from their houses by the Sub-Inspector, Sri A. A. Zaidi, on receipt of information from one of the prosecution witnesses, namely, Tufail Ahmad. The case was tried summarily by the Magistrate. The accused denied that they had slaughtered any cow in contravention of the aforesaid bye-law. It was also contended on their behalf that the aforesaid bye-law was 'ultra vires' as the District Board, Saharanpur, had no right to frame such a bye-law under the provisions of the Act. The learned Magistrate found that the accused had slaughtered a cow in contravention of the aforesaid bye-law and therefore convicted each of them under Section 175, District Boards Act and sentenced each of them to a fine of Rs. 80/- and in default of payment of fine to one month's simple imprisonment.