1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. 22505-M of 2009. Date of Decision: 5.9.2009 *** Darshan Lal .. Petitioner VS. State of Haryana .. Respondent CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mr. Ashok Giri, Advocate for the petitioner. Ms. Neena Madan, Addl. AG Haryana. *** ARVIND KUMAR, J. Challenge in the instant petition is to the orders dated 2.7.2009 and 10.7.2009 passed by the learned Magistrate as well as learned revisional Court, dismissing the application of the petitioner seeking release of cows and calves on superdari in his favour. The aforesaid animals have been taken into police possession in case FIR No.112 dated 28.,6.2009, registered at Police Station Sadar yamuna Nagar under the provisions of Cow Slaughtering Act as well as Prevention of Cruelty to Animals Act and presently are with a Gaushala. It has been contended that the petitioner, who is the owner of the animals is having preferential right over and above the Gaushala, to whom their custody has been handed over as an interim measure and a reference has been made to receipts (Annexures P-1 to P-3). It has also been pointed out that in Gaushala three of the calves have died on account of lack of proper care. It has further been pointed out by learned counsel for the petitioner that some other cows and calves, taken into possession in this very case, have been released in favour of the co-accused Akbar Ali, by the learned revisional Court, though the said prayer was rejected by the learned Magistrate and the petitioner is also entitled to the same relief and a 2 reference has been made to order (Annexure P-7) passed by Additional Sessions Judge, Yamuna Nagar in Revision No.20 of 2009, decided on 24.7.2009. Learned counsel for the petitioner has stated that the petitioner is ready to abide by any condition to be imposed in case the animals in question are released to him on superdari. A perusal of Annexure P-7 reveals that some cows and calves taken into possession by the police have been ordered to be released on superdari in favour of Akbar Ali subject to certain conditions laid down therein. In view of this, the instant petition is allowed and the impugned orders are set aside. It is directed that the Court concerned shall release the cows and calves in question on superdari in favour of its owners on the bonds and conditions as laid down in para No.6 of order dated 24.7.2009 passed by Addl. Sessions Judge, Yamuna Nagar (Annexure P-7). (ARVIND KUMAR) September 5, 2009 JUDGE Jiten