Punjab-Haryana High Court
Alm Industries Ltd vs State Of Haryana And Others on 5 February, 2014
Author: Ritu Bahri
Bench: Ritu Bahri
Civil Writ Petition No.21167 of 2012 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Civil Writ Petition No.21167 of 2012 (O&M)
Date of decision : 05.02.2014
ALM Industries Ltd.
...Petitioner
versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Narender Pal Bhardwaj, Advocate,
for the petitioner.
Mr. C.S. Bakhshi, Addl. A.G., Haryana.
****
RITU BAHRI , J.
This petition under Articles 226/227 of the Constitution of India is for directing the respondents not to register criminal cases against the petitioner and not to harass him by stopping and seizing the animals (buffalos, buffalo calves etc.) being brought for slaughtering for the purpose of meat under the pretext of cruelty to cows, while passing through the State of Haryana. Prayer has also been made for quashing of the following FIRs:-
1. FIR No.426 dated 28.08.2011, under Sections 279, 336, 420, 473 IPC and Section 11 of Prevention of Cruelty to Animal Act.
2. FIR No.17 dated 20.01.2012, under Sections 420, 467, 468, 471, 473, 279, 336 IPC and Section 11 of Prevention of Cruelty to Animal Act, 1960 and Section 181 of Motor Prasher Ajay 2014.03.01 13:32 I attest to the accuracy and integrity of this document High Court Chandigarh Civil Writ Petition No.21167 of 2012 (O&M) 2 Vehicles Act, 1988.
3. FIR No.38 dated 20.04.2012, under Sections 420, 484, 120-B IPC, Section 4-B, 8-C & 11 of Haryana Prohibition of Cow Slaughter Act, 1972, Section 11 of Prevention of Cruelty to Animal Act, 1960 and Section 181 of Motor Vehicles Act, 1988.
4. FIR No.21 dated 24.02.2012, under Sections 307, 114, 34 IPC and Section 11 of Prevention of Cruelty to Animal Act, 1960.
5. FIR No.435 dated 29.08.2011, under Sections 420, 473 IPC and Section 11 of Prevention of Cruelty to Animal Act, 1960. The petitioner is a company registered with Agricultural and Processed Food Products Export Development Authority, Ministry of Commerce, Government of India and exports buffalo frozen meat to various countries. Relevant certificate, in this regard, has been annexed as Annexure P-1. The animals are being purchased from the State of Punjab to meet the requirement of export orders. The suppliers transport buffalos through trucks and lorries up to the meat processing plant of the petitioner at Saharanpur via Districts Ambala, Jagadhri & and Yamunanagar (Haryana). The Punjab Government, as per agreements (Annexure P-2), makes available land for the animal fairs in Patiala and other Districts of Punjab. The petitioner purchases those animals from animal fairs by making direct contacts with the sellers. The trade of only 'cow' and 'cow progeny' for slaughtering or meat purpose is prohibited under the Central legislation and also under 22 State legislation/Rules out of 28 Indian States. There are following three legislations with regard to protection and preservation of animals:-
1. Prevention of Cruelty to Animals, Prasher Ajay 2014.03.01 13:32 I attest to the accuracy and integrity of this document High Court Chandigarh Civil Writ Petition No.21167 of 2012 (O&M) 3
2. Prohibition of Cows Slaughter Act,
3. Animal Preservation Act.
Learned counsel for the petitioner states that the Haryana Government has not enacted 'Animal Preservation Act'. In the absence of 'Preservation of Animals Act', no criminal case can be registered on slaughter of animals like buffalos and buffalo calves.
On notice, reply on behalf of respondent Nos. 1 to 3 has been filed, wherein details of seven FIRs have been given in para No.2 of the reply. It has been stated that all these FIRs have been registered when the animals were found being carried in violation of Section 11 of the Prevention of Cruelty to Animals Act, 1960. After registration of the FIRs, challans have already been presented and the trials are in progress.
In view of the reply, filed on behalf of respondent Nos. 1 to 3, it is apparent that the respondents have not initiated any action under the Prohibition of Cow Slaughter Act or any other legislation. Moreover, there is no bar to register FIRs under the Prevention of Cruelty to Animals Act, 1960. As such, no ground is made out to quash the aforesaid FIRs at this stage. The proper remedy with the petitioner will be under the Code of Criminal Procedure (Cr.P.C.) before the trial Court.
Disposed of accordingly.
(RITU BAHRI) JUDGE 05.02.2014 ajp Prasher Ajay 2014.03.01 13:32 I attest to the accuracy and integrity of this document High Court Chandigarh