LAWS(ALL)-1997-4-109

SAMSAD Vs. STATE OF U P

Decided On April 01, 1997
SAMSAD Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) T. P. Garg, J. This Criminal Revision is directed against the order dated 26-3-1997 passed by the Civil Judge (J. D.) Basti refusing to release the bullocks which are subject-matter in Case Crime No. 33 of 1997 under Sections 3/5/8 of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, P. S. Chawani District Basti, whereby the prayer of the petitioners for release of the bullocks was rejected.

(2.) HEARD Sri Ravindra Rai, the learned counsel for the petitioners and the learned A. G. A. for the State. Both have agreed that this petition may be disposed of finally at the stage of admission itself.

(3.) THEREFORE, keeping in view of the facts and circumstances-of the case as well as welfare of the livestock, it is hereby directed that the learned Civil Judge (Junior Division) Basti would give the bullocks in the interim custody of the petitioners provided they furnish adequate security other than in cash or bank guarantee and deposit a reasonable amount towards ex penses incurred so far by the police on their maintenance. This order is, however, sub ject to the petitioners' establishing his prima facie ownership and entitlement before the learned Civil Judge (Junior Division) Basti.