KAILASH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) "Whether carrying the cow, bull or bullock from one place to another place within the State of Uttar Pradesh for the purpose of slaughtering constitutes any offence under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 (in short, 'the Cow Slaughter Act')?" is the main question that falls for consideration in this revision, which has been preferred against the order dated 4.1.2005, passed by the Chief Judicial Magistrate, Ghazipur.

(2.) BY the impugned order, the court below has declined to release the bullocks seized in Case Crime No. 1062 of 2004 under Section 3, 5A, 8 of Cow Slaughtering Act and Section 11 of the Prevention of Cruelty to Animals Act (in short, 'the Animals' Cruelty Act'), P. S. Nonahra, district Ghazipur.

(3.) IT was contended by the learned A.G.A. that the seized bullocks were being carried to Bihar for the purpose of slaughtering by the accused persons named in the F.I.R. and hence the learned court below did not commit any illegality in declining to release the said cattle in favour of the revisionists.