RAHMAN Vs. STATE OF U P

JUDGEMENT

(1.) T. P. Garg, J. This revision is directed against the order dated 24-2-1997 passed by the Chief Judicial Magistrate, Basti in Criminal Case No. 42 of 1997 pertaining to P. S. Khalilabad, District Basti, under Sec tion 3/5/8 of the Prevention of Cow Slaughters Act and Section 11 of the Prevention of Cruelty to Animals Act whereby the application of the revisionist/petitioner for giving custody of 14 bullocks has been rejected.

(2.) IN his application for release of the bullocks, moved by the petitioner before the learned Magistrate, it has been contended that the aforesaid bullocks were purchased from cattle merchants from different cattle markets for the purposes of selling them in other markets and for which purpose he was transporting them to Bazar Maghgawa, but the police intercepted them on the way and asked the petitioner to grease their palm and since the petitioner could not do so, he was involved in the present case. The petitioner has also filed receipts, photo copies of which are filed as Annexure T showing the purchase of the bullocks. He has also filed a transport challan of Honest Cooperative Transport Company as An nexure 'ii' showing that the aforesaid bul locks were being transported in truck No. UP-51/4655 in support of his contention. Reliance has also been placed on the copy of the recovery memo whereby the aforesaid bullocks were seized by the police and are presently in their custody.

(3.) AT this stage, it cannot be said that the bullocks were being transported for the purpose of slaughter. The petitioner has claimed ownership of the bullocks and has also tendered receipts in token of his having purchased the same and to establish his en titlement to get interim custody of the bul locks which are at present in the custody of the police. Needless to say that in the cus tody of the police the cattle cannot have that much care, attention and feeding which they may receive from their owner. Admittedly, there is no other claimant of the aforesaid bullocks. Thus, having regard to the facts and circumstances of the case and Welfare of the livestock, I direct the learned Magistrate to give the bullocks in the inter im custody of the petitioner provided he furnishes adequate security other than in cash or bank guarantee and deposit the reasonable amount of expenses so far in curred by the Police/manager of the cattle pond. This order is subject to the petitioner's establishing his prima facie ownership and entitlement before the learned Magistrate.