1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4536 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Coram: P.R.Borkar, J. Date : February 04, 2010 1. Heard Shri B.V. Wagh, learned A.P.P. for the applicant-State. 2. This is an application seeking leave to file appeal being aggrieved by the order passed by the learned Judicial Magistrate, First Class, Parner, District Ahmednagar, in S.T.C. No. 271 of 2009 on 19.9.2009, thereby acquitting respondents-accused insofar as offences punishable under Sections 6 and 7 read with Section 9 of the Maharashtra Animal Preservation Act, 1976 are concerned. However, it may be noted that by the said judgment and order, the learned Magistrate convicted the respondents-accused for having 2 committed offence punishable under Section 11(d) of Cruelty to Animals Act 1960 and are sentenced to pay fine of Rs.50/= each. This is not an appeal for enhancement of sentence, but only against order of acquittal. 3. Shortly, the prosecution case is that on 14.5.2009 the complainant, who was the President of Akhil Bhartiya Krushi Go Seva Sangh, was going to village Loni taluka Ashti in his car along with driver and assistant and at about 4.45 p.m. he saw a tempo going towards Ahmednagar, having cows and other animals therein. On enquiry by complainant, evasive answers were given by the inmates of the tempo. It ultimately revealed that the animals in the tempo were being taken to slaughter house.The complainant,therefore, lodged complaint with police that the accused were taking the animals to slaughter house instead of using them for agricultural or dairy purposes and thus they committed various offences. 3 4. Learned A.P.P. Shri B.V. wagh has taken me through the judgment of the trial court. It is observed by the learned Judge in paragraph 15 of his judgment that the accused No.3 produced on record the purchase receipts issued by the Agricultural Produce Marketing Society, Newasa in respect of purchase of 14 animals. The value of the animals was ranging between Rs.10,000/= to Rs.11,000/=. The learned judge referred to those receipts. Receipt No.179 indicates that the price of cow was Rs.11,000/=. So, it is observed by the learned Magistrate that nobody would pay an amount of Rs.11,000/= for cow or Rs.16,000/= for buffalo, if they are to be ultimately slaughtered and not to be used for milking, breading of farming. The defence of the accused that they had purchased the cattle for high price. The reason appears to be plausible. 4 4. In the circumstances, I am of the opinion that leave to file appeal cannot be granted. 5. Hence, application dismissed. Leave refused. Date: 04/02/2010 (P.R.BORKAR, J.) pnd/crip4536.09