P.K. Jain, J.@mdashHeard Sri S.P.S. Raghav, learned counsel for the revisionist and the learned A.G.A.
2. On 1271997 S.O., P.S. Paikolia district Basti received information that some catties (cow and calves) were being transported for slaughter.The
S.O. intercepted Truck No. UP15 4486 and recovered from it 37 cattels. A case under Section 5/8 of the Cow Slaughter Act was registered
against the revisionist.
3. The revisionist applied for release of the cattle on the ground that he had purchased the cattles from Vaidpurwa and was faking them for sale to
Gonda. That application was rejected by the learned Magistrate on the ground that in case the catties are released they are likely to be slaughtered.
4. Learned counsel for the revisionist has challenged this order and has vehemently argued that there was no material before the learned Magistrate
on the basis of which it could be said that the catties were being transported for slaughtering. Merely on the basis of suspicion that the cattle''s
might be slaughtered the application for release can not be refused. The catties are in the custody of the police since 12797. No material appears
to have been collected so far showing that the catties in question were being transported for slaughtering. The case of the re sionist is that he
carried on the business oi purchase and sale of catties and he was taking the same to Gonda for purposes of the said business. Prima facie there is
no material raising suspicion about the above claim of the revisionist. In any case, that is question of fact which will be finally decided during the
trial. The catties can not be detained indefinitely and can not be looked after properly by the Supurdagar. In these circumstances, the revision
deserves to be allowed and is hereby allowed. The learned Magistrate is directed to release the catties in favour of the revisionist after taking
adequate security.
Revision allowed.
