ASHOO AND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These are two connected applications in which a prayer has been made that the cattles, which have been seized in Crime Case No. 50 of 197, P. S. Khalilabad, District Basti be released in favour of the applicants who are owners of the same. The applicants moved separate applications for the release of the cattles before the Chief Judicial Magistrate, Basti which were rejected by order dated 1-3-1997. Thereafter the applicants filed two separate revisions, being Revision Petition Nos. 83 of 1997 and 94 of 1997 before the Court of learned Sessions Judge, Basti who transferred the same to the Court of learned IIIrd Additional Sessions Judge, Basti. Both these revision applications were dismissed and it was directed that the cattles be auctioned and the sale proceeds be deposited for being paid to the person who is found to be entitled to receive the same after the disposal of the case.

(2.) Common case in both these applications is that the cattles were purchased from Muthiyai Bazar Meerut and were being transported for sale to Bhulliya Bazar, Padrauna in two different trucks No. UP 12/3988 and UNU 4308. Both the trucks were intercepted by local Police of P. S. Khalilabad and the cattles were seized under Ss. 3/5/8 Prevention of Cow Slaughter Act and S. 11 of the Prevention of Cruelty against the Animals Act. The plea taken by the applicants is that the cattles were not being transported for slaughtering purpose and no cruelty was committed unto the cattles. The prosecution case against the applicants appears to be that the cattles were being transported across the border of U.P. in State of Bihar for a slaughtering purpose.

(3.) Learned counsel for the applicants urged that the courts below have not approached the release applications filed by the applicants in their true perspective and rejected the same on insufficient and untenable ground. It was urged that even if the allegations against the applicatns are accepted to be true, it would, at best, be a case of preparation to commit the crime and since preparation of crime is not punishable, the criminal case has been wrongly registered against the applicants.