HAM NATH Vs. STATE OF U P

JUDGEMENT

(1.) T. P. Garg, J. This criminal revision has been filed against the order dated 20-2-1997, passed by the Addl. C. J. M. I, Basti in case Crane No. 30 of 1997 under Section 3/5-A/8 of the Prevention of Cow Slaughters Act read with Section 11 of the Prevention of Cruelty of Animals Act, registered at P. S. Nagar, District Basti, whereby the prayer of the petitioners/revisionists for the release of seven cows of superdagi has been rejected.

(2.) HEARD the learned Counsel for the petitioners, and the learned A. G. A. for the State. Both agreed that this petition maybe disposed of finally at the stage of admission itself.

(3.) THEREFORE, keeping in view the facts and circumstances of the case as well as the welfare of the livestock, it is hereby directed that the learned Addl. C. J. M. I, Basti, would give the cows 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 expenses incurred so far by the police on their maintenance. This order is, however, subject to the petitioners' establishing their prima facie ownership and entitlement before the learned Addl. C. J. M. I, Basti.