RAFIQ Vs. STATE OF U P

JUDGEMENT

(1.) P. K. Jain, J. Heard Sri I. M. Khan, learned Counsel for the revisionist and learned A. G. A.

(2.) SOME questions of law and facts are involved in all the four revisions. Hence, the same are bieng finally disposed of by a common judgment and order with the con sent of the parties at the admission stage.

(3.) IN the present revisions the order dated 14-8-97 passed by the learned Ses sions Judge is being challenged on the grounds that the powers under Rule 16 (3) can be exercised by the trial Court on conclusion of the trial only after an order of confiscation is passed. Rule 16 (1) and (3) reads as follows: " (1) Any person intending to transport or to offer for transport or to cause to transport any cow, bull or bullock, the slaughter whereof is punishable under this Act in any place in Uttar Pradesh from any place within the State to any place outside the State shall apply for a permit to the licensing authority on prescribed Form 'g'. (2 ). (3) Cow, bull or bullock transported with out a valid permit shall be confiscated and shall be auctioned and the sale proceeds will be depostied under the receipt head given in sub-rule (2) above and such person, who causes authorised transport shall be prosecuted under Section 8 of the Act,"