ISLAM Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision is directed against the order dated 11-4-2000, passed by Ist Additional Sessions Judge, Shahdol, in Criminal Appeal No. 22 of 2000, whereby the Court-below confirmed the order dated 15-3-2000, passed by Judicial Magistrate First Class, Budhar, in Criminal Case No. 217/2000.

(2.) THIS order shall also govern Criminal Revision Nos. 597/2000 and 598/2000, parties being in both these revisions, Istyak Ahmed Vs. State of Madhya Pradesh, as common questions of facts and law arise in these revisions.

(3.) ACCORDING to the prosecution case, on 11-3-2000 at Budhar, the applicant was found transporting the cattle in a truck bearing its registration No. as UP-78-N/1437. The truck was stopped near Rest House, Budhar and on checking it was found that 19 cattle were being carried in the truck, who were not being treated well and there was no provision of water and food for the animals in the truck. Thereupon, the Station House Officer of Police Station Budhar made a report and got the animals medically examined by a Veterinary Surgeon. It was found that the animals were not in healthy condition and they were found to have sustained abrasions on their bodies. After completing the investigation a challan was filed against the applicant by the police before the Judicial Magistrate First Class, Budhar, under the provisions of Prevention of Cruelty to Animals Act, 1960 (Act No. 59 of 1960) (henceforth 'the Act') and also under the provisions of Motor Vehicles Act.