Chattisgarh High Court
Rakesh vs State Of Chhattisgarh 115 ... on 8 January, 2019
1
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 2327 of 2018
1. Rakesh S/o Adan Singh Aged About 22 Years R/o Village Manori Police Station
Motilnala Tahsil Bichhiya ,district Mandala Madhya Pradesh
2. Ishwar Singh S/o Panku Singh Tekam Aged About 35 Years R/o Village Manori
Police Station Motilnala Tahsil Bichhiya ,district Mandala Madhya Pradesh
3. Santosh S/o Sheikhlal Sayyam Aged About 25 Years R/o Village Manori Police
Station Motilnala Tahsil Bichhiya ,district Mandala Madhya Pradesh
4. Anit Singh S/o Laxman Singh Aged About 27 Years R/o Village Manori Police
Station Motilnala Tahsil Bichhiya ,district Mandala Madhya Pradesh
---- Petitioners
Versus
State Of Chhattisgarh Through The District Magistrate District Kabirdham
Chhattisgarh
---- Respondent
For Petitioners : Shri Sandeep Shrivastava, Advocate For Respondent/State : Shri Ghanshyam Patel, GA for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 08/01/2019
1. Heard.
2. The present petition is against the order dated 30.06.2018 passed by the Additional Sessions Judge (FTC), Kabirdham in criminal revision No.19/2018, whereby the learned revisional Court has dismissed the revision preferred by the petitioners and affirmed the order dated 12.06.2018 passed by the Court of CJM, Kabirdham whereby the learned CJM has dismissed the application filed 2 by the petitioners for custody of the cattles.
3. Perusal of the order would show that an offence bearing crime No.9/18 for the offences punishable under Sections 4,6 & 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 was registered against one Sheikh Mustaq and Shibu and from them 17 cattles were seized. Subsequently, the present petitioners are saying that they are the owners of the cattles had filed the application for custody of the cattles, which was refused. Being aggrieved by the same, the revision was filed and the revisional Court also affirmed the order of the Court below and stated that the trial Court may further pass the order after examination of the documents i.e. the receipts showing the ownership of the cattles.
4. Learned counsel for the petitioners would submit that no purpose would be served if the cattles are still kept in the open for the reasons where they are kept they may die, therefore, for all the practical purposes the cattles may be released so that the cattles can survive.
5. Seizure of the calltes was made on 31.03.2018 and it was handed over to Krishna Gopal Gau Seva Samiti Gaurkanpa, Tehsil Pandaria, District Kabirdham and the petitioners have filed different receipts showing the ownership of the cattles. In the facts of this case, no purpose would be served to continue keeping the cattles in the Gaushala as it is always advantageous to keep the cattles with the owner so that the proper care can be taken care of. Taking into consideration that the custody of the livestocks are in question and 3 the petitioners claim to be the owner on the basis of the documents, therefore, it is directed that the custody of the animals shall be given to the petitioners on furnishing the surety of Rs.2 Lakhs. It is further directed that till the case is disposed of on merits, before release of the cattles those would be identified in the supervision of the government veterinary doctor and shall be handed over to the petitioners and the petitioners shall keep the cattles in good healthy condition. Further with interval of three months, report of health of the cattles certified by the veterinary doctor shall also be furnished before the trial Court.
6. With such observation, the CRMP stands disposed of.
Sd/-
Goutam Bhaduri Judge Ashu