Crl. Misc. No. M-15996 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-15996 of 2010 (O&M) Date of Decision: August 18, 2010 Abdul Khalik ........Petitioner Versus The State of Haryana .......Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Dr. Praveen Hans, Advocate, for the petitioner. Mr. Satyavir Singh Yadav, DAG, Haryana. SABINA, J. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for setting aside the impugned judgment dated 19.5.2010, Annexure P-2, passed by the learned Additional Sessions Judge, Hisar and the order dated 11.5.2010, Annexure P-1, passed by the learned Sub-Divisional Judicial Magistrate, Hansi, whereby the application filed by the petitioner for releasing 20 buffaloes and 31 calves on sapurdari has been dismissed, in case FIR No.263, dated 5.5.2010, under Sections 11,59,60 of the Prevention of Cruelty to Animal Act, 1960, Police Station City, Hansi. In the above mentioned FIR, petitioner moved an application for release of 20 buffaloes and 31 calves recovered from him on sapurdari. However, the said application was dismissed by the trial Court vide order dated 11.5.2010 and the revision petition filed by the petitioner was dismissed by the Additional Sessions Judge, Fast Track Court, Hisar vide order dated 19.5.2010. The concerned police station has submitted a report Crl. Misc. No. M-15996 of 2010 (O&M) 2 that they have no objection if the buffaloes and calves in question were ordered to be released to the real owner Abdul Khalik-petitioner. After hearing the learned counsel for the petitioner, I am of the opinion that the instant petition deserves to be allowed. Admittedly, the petitioner is the owner of the buffaloes and the calves. The case of the petitioner is that he was taking the said buffaloes and calves to the cattle fair, whereas the prosecution case is that the said buffaloes and calves were being taken for slaughtering. Keeping in view the fact and circumstances of the case, it would be just and expedient to hand over the custody of the buffaloes and calves to the petitioner being the real owner. Whether the petitioner was carrying the buffaloes and calves for slaughtering purposes or for the cattle fair would more appropriately be gone into and considered during trial. Accordingly, this petition is allowed. Let the custody of the buffaloes and calves in question be released to the petitioner subject to the satisfaction of the trial Court. (SABINA) August 18, 2010 JUDGE Anand