ISRAIL Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD finally.

(2.) THIS application under Section 482 of Cr.P.C. is directed against an order dated 10.07.2012 passed by learned IVth Additional Sessions Judge(Fast Track Court) Damoh in Criminal Revision No. 49/2012 upholding the order dated 11.06.2012 passed by learned Chief Judicial Magistrate, Damoh, whereby the application filed by the applicant under Section 451 of Cr.P.C. for handing over custody of seized calves (28+30=58) on Supurdginama has been dismissed.

(3.) LEARNED counsel appearing for the applicants has contended that learned Judicial Magistrate has dismissed the application filed by the applicants only on the ground that cattle were transporting for the purpose of slaughtering, which is not just and proper. Learned Revisional Court also dismissed the revision on the ground that the receipts of purchase of calves had not been produced at police station and they are only photocopies. It is further submitted if seized calves remained in another place for a long period without proper care, they will die for want of proper care or their health is adversely affected. The trial would take considerable time to conclude, therefore, the calves in question be released on supurdginama.