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Chamber Summons (L.) No.456 of 2015 has been filed in this Writ Petition for intervention by Karuna Animal Welfare Trust. The intervention is for opposing the Writ Petition.

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29. This Writ Petition is filed by a Private Limited Company which is having cold storages located in the State. The business of the Petitioner is of running cold storages of perishable food items and allowing storage of perishable food items on payment of licence fee therein. In this Petition, a declaration is claimed that Sections 5C and 5D of the Animal Preservation Act introduced by the Amendment Act are unconstitutional. Similar prayer is made in respect of Sections 8(3)

It is alleged that Sections 5C and 5D are in violation of Article 301 read with Article 304(b) of the Constitution of India.

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39. Detailed submissions were made by the parties including the Intervenors. Some of the submissions are common. We are reproducing a summary of the relevant submissions made on behalf of the parties.

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40. In Writ Petition No.1314 of 2015, Shri Chinoy, the learned senior counsel made detailed submissions. He pointed out the unamended provisions of the Animal Preservation Act and the nature of the amendments incorporated by the Amendment Act. He also invited our attention to the Statement of Objects and Reasons of the Amendment Act. He pointed out that the newly introduced Section 5D prohibits any person from possessing flesh of any cow, bull or bullock slaughtered outside the State of Maharashtra. He pointed out that violation of this provision is made punishable with imprisonment upto one year and/or fine upto Rs.2,000/-. After making a reference to the Statement of Objects and Reasons of the Amendment Act, he urged that the Statement of Objects and Reasons does not contain any basis or reason for introduction of Section 5D. He pointed out that even if a cow or bull or bullock is slaughtered at a place outside the State where there is no prohibition on the slaughter, the possession of the meat of such cow, bull or bullock in the State is made an offence. He urged that Section 5D constitutes a clear infringement of the Petitioners' right to personal liberty (which includes right to eat food of one's choice) and privacy guaranteed under Article 21 of the Constitution of India. He extensively relied upon a decision of the Apex Court in the case of Kharak Singh v. State of Uttar Pradesh1. He urged that the said decision holds that the term "personal liberty" used in Article 21 of the Constitution of India is a compendious term which includes within itself 1 (1964)1 SCR 332 ash 37 fleshmatter draft 5 all varieties of rights which go to make up personal liberties of a man.