NABBU Vs. STATE OF M P

JUDGEMENT

(1.) AN unsuccessful applicant/accused has preferred this revision against the order dated 1-2-05 passed by the Additional Chief Judicial Magistrate, Seoni in Criminal Case No. 10/05 whereby an application under Sections 451 and 457 of the Cr. PC filed by the applicant/accused was dismissed an the interim custody of seized cattle was refused. Being aggrieved of this order, the applicant has knocked the door of this Court for setting aside the said order and accepting his application.

(2.) IT is an undisputed fact that offence under Sections 4 (1), 6-A and 6-B of Krishak Pashu Parirakshan Adhiniyam and under Section 11 of the Animal Cruelty Act was registered against the applicant at Police Station, Keelari, District Seoni in which 17 catties were found in possession of the applicant under the violation of the provision of said Act which are kept in the Gaushala/cattle yard by the order of the Trial Court. It was also alleged that aforesaid cattle were transporting for slaughtering purposes which is prohibited under the law without requisite and proper sanction by the competent authority and it is also undisputed that the trial regarding the said offence is still pending and the case is yet to be decided by the Trial Court and during the pendency of the case those cattle were kept as an interim measure in the abovesaid Gaushala by the order of the Trial Court.

(3.) THE abovesaid applicant being an owner of the seized catties filed an application under Sections 451 and 457 of the Cr. PC for giving interim custody to him and on consideration the Trial Court has dismissed the same on the ground that the expert report of the Veterinary Doctor regarding cattle is yet to be received and the seized cattle are very weak, matter relates to the cruelty towards the cattle and applicant himself is an accused in the case, therefore, it would not be proper to give the cattle in his interim custody, hence this revision.