KRUSHI GOSEVA SANGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition is filed by Krushi Go-Seva Sangh, Malegaon a social organisation and another, for a writ of mandamus directing respondent No. 1 the State of Maharasthra to frame a scheme for effective implementation of the provisions of the Maharasthra Animal Preservation Act, 1976. A further direction is also sought for making arrangement for preservation and maintenance of animals during the tendency of the trial through social organizations, like the petitioner No. 1 Krushi Go-Seva Sangh, Ejaz Ahmed Kallu alias Zhinka, Abdul Bari and Subhan Khan who claim to be the traders, dealing in the business of sale and purchase of cattle at Malegaon made applications for intervention which came to be allowed.

(2.) It is the case of the petitioners that at Malegaon and several other places in Nasik District, flagrant breaches of the provisions of sections 6 and 7 of the Maharashtra Animal Preservation Act, 1976 are being committed and no action is being taken by the authorities concerned, thereby making the very provision of the Act nugatory. On the other hand it is the case of the Intervenors that bona fide traders who deal in the business of sale and purchase of cattle at Malegaon and other places are being put to harassment merely on suspicion, thereby depriving them of their fundamental right to carry on trade or business guaranteed by Article 19 of the Constitution of India. According to them on the basis of mere suspicion they are arrested, chattels are seized and prosecutions are launched. Unfortunately the State Government of Maharashtra has not chosen to file any affidavit. One Rohidas K. Ghodake and Bhagwan U. Dhole Police Sub-Inspectors attached to Azad Nagar Police Station, Malegaon, have filed affidavits, since they are the Investigating Officers of the crimes registered under the aforesaid Act. The Investigating Officers have denied the fact that the Intervenors are traders and are dealing with the purchase and sale of cattle. According to them the traders who deal in purchase and sale of cattle are required to obtain licences from the Krushi Utpanna Bazar Samiti Malegaon. Distrcit Nashik. Such a licence is also necessary under the Municipalities Act. None of the Intervenors have any such licences. It is their case that many times it is noticed that animals are carried in a truck, in such a manner which in itself is an offence under the Prevention of Cruelty to Animals Act, 1960. From the information received by the concerned Police Station it is noticed that the Intervenors and others are only dealing in illegal slaughtering of cattle. It is then contended by them that the police had authority to seize the cattle if it is noticed that they are carried for illegal slaughtering. It is also their say that under section 451 of the Code of Criminal Procedure a direction could be sought from the competent Court of law for the preservation and protection of cattle during the tendency of the trial.

(3.) Under Article 48 of the Constitution of India a provision has been made that- "The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter of cows and calves and other milch and draught cattle." Then in furtherance of the directive principles of the State Policy the Maharashtra Act IX of 1977 known as the Maharashtra Animal Preservation Act, 1976 - (hereinafter referred to as the said Act) came to be enacted. The day Legislature took a decision, that at least one animal shall not be killed for any purpose, it took a glorious step towards cultural progress, and revolution. Ultimately what is culture? Culture is the art of living with others and respect for life. The Act is enacted to provide for the prevention of slaughter of cows and for reservation of certain other animals suitable for milch, breeding, draught or agricultural purpose. Section 2 of the said Act in terms makes a declaration that the Act is enacted for giving effect to the policy of the State towards securing principles specified in Article 48 of the Constitution of India. Section 3 defines various terms used in the Act. Then comes section 5 which lays down a prohibition of slaughter of cows. The said section reads as under :---