SANJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have filed the present writ application, challenging the order, dtd. 1/4/2019, passed by the learned 3rd Additional Chief Judicial Magistrate, Danapur, in Dulhin Bazar Police Station Case No.24 of 2019, order, dtd. 15/7/2019, passed by the learned 6th Additional sessions Judge Danapur, in Criminal Revision No. 231 of 2019 and the order, dtd. 22/12/2020, passed by the Judicial Magistrate, 1st class, Danapur in Dulhin Bazar Police Station Case No. 24 of 2019, registered for the offences punishable under Ss. 414/420/467/471 of the Indian Penal Code and Sec. 11(1)(D) of the Prevention of Animal Cruelty Act. The petitioners have further prayed for a direction to the respondents to release the seized cattle and their calves in their favour.

(2.) The brief facts, giving rise to present writ application, is that on 31/1/2019, the Assistant Sub Inspector of Police, Dulhin Bazar Police Station, submitted a report to the Station House Officer, Dulhin Bazar Police Station, stating therein that during vehicle checking, near Ullar More, he stopped a white-coloured pick-up van, bearing registration no. BR-01GC/1341. After checking the van, he found three buffaloes and three calves in bad, suffocating and unconscious condition. On interrogation, the driver of the said vehicle, Manoj Kumar, and two other persons, who were also sitting in the said van, told that the cattle were purchased from Ainkhan Mela, popularly called as Kasim Chak Weekly Cattle Fair of Nagendra Sardar and further said that two of the cattle were purchased for Rs.35,051.00 and Rs.24,800.00. One of the accused, namely, Arvind Singh, handed over two yellow coloured receipts, bearing receipt no. 141 and receipt no. 101, showing purchase of two cattle from the said fair. The Pick-up van along with baffoloes and calves were seized by the informant and seizure list, to this effect, was prepared. Upon the said report, Dulhin Bazar Police Station Case No. 24 of 2019 was registered.

(3.) Learned Counsel for the petitioners submits that learned District Courts have failed to appreciate that the petitioners are the bona fide purchases of the cattle from the cattle fair and are the real owner of the seized cattle, which were seized while returning from the cattle fair, by the police without any fault on their part.