Criminal Misc. No.M-30827 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-30827 of 2009 Date of decision : 11.11.2009 Sahazad ....petitioners Versus State of Haryana ....Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Deepak Dahiya, Advocate for the petitioners. Mr. S.S.Patter, Senior Deputy Advocate General,Haryana S. D. ANAND, J. The petitioner faces an allegation under Section 11 of Prevention of Cruelty of Animals Act, 1960 (and Section 279/336 IPC)on the factual premise that he was found carrying 19 buffaloes in a small truck on the date vehicle was apprehended by the police. The petitioner applied to the learned Trial Magistrate for the release of the buffaloes on superdari. That plea of his was declined by the learned Magistrate on the premises that “there are specific allegations in the FIR that the animals were being carried for strangulation purposes.” In revision too, the learned Additional Sessions Judge declined the plea by noticing that “the buffaloes were being transported for slaughtering or for some other illegal purpose.” It is apparent from the FIR that there is no averment in the course thereof that buffaloes being carried for slaughtering or any other illegal purpose. Learned counsel appearing on behalf of the petitioner- Criminal Misc. No.M-30827 of 2009 -2- **** accused states that petitioner will not dispute that his vehicle bearing registration No.RJ-31G-5736 was indeed carrying 19 buffaloes on the date, the vehicle was impounded by the police. The learned counsel states that there is no arrangement with the police for the proper upkeep of the buffaloes and that, out of 19 buffaloes, three have already died due to improper upkeep. In the absence of any one to instruct him in the relevant behalf, learned State Counsel is not in a position to concede or deny that averment. In view of the above, the petition shall stand allowed. The buffaloes under reference shall be released on superdari on usual terms and conditions. The police might well get the buffaloes photographed before releasing them. The petitioner shall be bound by the statement made today that the factum of carrying 19 buffaloes on the relevant date shall not be disputed. Disposed of accordingly. November 11, 2009 (S. D. ANAND) Pka JUDGE