AKRAM Vs. STATE OF U P

JUDGEMENT

(1.) T. P. Garg, J. This criminal revision is directed against the order dated 20-3-1997 passed by the Chief Judicial Magistrate, Maharaganj in case Crime No. 179 of 1997 pertaining to Police Station Shyam Deurva District Maharajganj, under Section 3/8 Prevention of Cow Slaughter Act and Sec tion 26 of Prevention of Cruelty to Animals Act, whereby the application of the revisionists for giving custody of the bul locks seized by the police has been rejected. In their application for release of the bul locks moved by the revisionists before the learned C. J. M. , it has been contended that they have purchased the cattle on different dates from the Cattle Fair, Jai Rani Bazar, Nasirganj, District Behraich vide various receipts, photocopies of which have been placed as Annexure-1 to the affidavit filed along with the petition and as such, they were the owners of the aforesaid bullocks. It is further the case of the revisionists that after purchasing the bullocks from the aforesaid cattle fair, they were being transported to Mathauli Bazar, Padrauna in the trucks hired from M/s. Sultan Transport Company, Bahraich vide billies, Annexure-4 to the affidavit. But the Police stopped the trucks on 11-3-97 at about 9 p. m. and demanded Rs. 10,000/- and since they could not fulfill the alleged demand of illegal gratification made by the police, their bul locks were taken into custody and the case was registered against them vide seizure memo, Annexure-5 to the affidavit. They moved an application for release of the cat tle, which is Annexure-6 to the affidavit on which the learned C. J. M. passed the im pugned order, against which the present revision has been filed.

(2.) HEARD the learned Counsel for the parties. As agreed by the learned Counsel for the parties, this petition is disposed of at the stage of admission itself.

(3.) WITH the aforesaid observa tions/directions, this revision is allowed and the impugned order is set aside.