Bombay High Court
Israrul Haq Nisar Ahmed And ... vs State Of Maharashtra, Thr. P.S. ... on 1 July, 2017
Bench: Prasanna B. Varale
1 APL664.16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 664 OF 2016
APPLICANTS : 1] Israrul Haq Nisar Ahmed,
Aged about 50 years, Occu. Business,
R/o Haji Nagar, Akot File, Akola.
2] Nisar Ahmed Abdul Sadique,
Aged about ____ years, Occu. Business,
R/o Haji Nagar, Akot File, Akola.
VERSUS
NON-APLICANTS: 1] State of Maharashtra,
through, Police Station,
Shivaji Nagar, Khamgaon, Buldana.
2] Imran Inamdar,
Occu. Police Sub Inspector,
R/o Police Station, Shivaji Nagar,
Khamgaon, Buldhana.
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Mr. Mir Nagman Ali, Advocate for the applicant.
Mr. J. Y. Ghurde, A.P.P. for respondent no.1 State.
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CORAM : PRASANNA B. VARALE and
MURLIDHAR G. GIRATKAR, JJ.
DATE : JULY 01, 2017.
ORAL JUDGMENT (Per M.G.Giratkar, J.)
Heard. ADMIT. With the consent of the learned counsel
for the parties, the matter is heard finally.
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2] By this application, the applicants have prayed for
quashing of the First Information Report registered vide Crime No.
137/2016 with the non-applicant no.1 for the offences punishable
under Sections 5A, 5B, 5C, 9, 9A of Animal Preservation Act r/w 188
of the Indian Penal Code and Section 105 and 117 of the Bombay
Police Act.
3] It is submitted that the applicant nos.1 and 2 are the
Proprietors of Mohd. Bilal and Company and Nisar Ahmed and
Company, respectively, based at Haji Nagar, Akot File, Akola and
dealing in the business of sale and purchase of processed raw leather
(processed animal skin) and exporting the same to leather
manufacturers for the purpose of processing the same into leather to
be used for various purposes. It is submitted that Mohd. Bilal and
Company is registered under the Maharashtra Value Added Tax as
exporter, wholesaler and reseller and is paying necessary taxes for
carrying out its legitimate business of Hides and Skin. The said
company is also registered under the Central Sales Tax Rules, 1957.
A copy of certificate of registration under MVAT and CST, dated
18.4.2013 is placed on record at Annexure-II.
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4] The non-applicant no.2 - Sub Inspector of Police Station,
Shivaji Nagar, Khamgaon lodged the report on 25.8.2016, alleging
that the applicants were transporting the animal skin and registered
crime for the offences punishable under Sections 5A, 5B, 5C, 9, 9A of
Animal Preservation Act and Sections 105 and 117 of the Bombay
Police Act.
5] It is submitted that as per the latest amendment to the
Maharashtra Animal Preservation Act, sale and purchase of processed
animal skin (law leather) is not prohibited. It is further submitted
that the applicants were not exporting any animal flesh and therefore
the said offences are not attracted to the applicants. At last, the
learned counsel for the applicants submitted that the offence
registered against the applicants by the non-applicants are illegal and
against the provisions of law and therefore, the first information
report is liable to be quashed and set aside.
6] The non-applicant no.1 filed reply and submitted that
upon receipt of secret information, the non-applicant no.2 lodged the
report. By referring to the provisions of the Act, it is submitted that
as there is prima facie material against the applicants for the offences
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registered against them, the application is liable to be dismissed.
7] The learned counsel for the applicant pointed out the
provisions of the Maharashtra Animal Preservation Act and
submitted that sale and purchase of raw leather (processed animal
skin) is not prohibited by the said Act and therefore, action of the
non-applicant no.2 in lodging the report and registration of first
information Report by the non-applicant no.1 is nothing but an
illegal action and the same is liable to be quashed and set aside.
8] The learned Additional Public Prosecutor supported the
action of the non-applicants.
9] The material allegations levelled against the applicants
are for the offences punishable under Section 5A, 5B, 5C, 9 and 9A of
the Act. The provisions are reproduced as under :
5A - (1) No person shall transport or offer for
transport or cause to be transported cow, bull or
bullock from any place within the State to any place
outside the State for the purpose of slaughter in
contravention of the provisions of this Act or with the
knowledge that it will be or is likely to be so
slaughtered.
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(2) No person shall export or cause to be
exported outside the State of Maharashtra cow, bull or
bullock for the purpose of slaughter either directly or
through his agent or servant or any other person
acting on his behalf, in contravention of the provisions
of this Act or with the knowledge that it will be or is
likely to be slaughtered.
5B - No person shall purchase, sell or otherwise
dispose of or offer to purchase, sell or otherwise dispose
of any cow, bull or bullock for slaughter or knowing or
having reason to believe that such cow, bull or bullock
shall be slaughtered.
5C - Notwithstanding anything contained in any other
law for the time being in force, no person shall have in
his possession flesh of any cow, bull or bullock
slaughtered in contravention of the provisions of this
Act.
5D- ..........
9. After Section 9 of the Principal Act, the following
sections shall be inserted namely -
9A - Whoever contravenes the provisions of Sections
5C, 5D or s shall on conviction be punished with
imprisonment for a term which may extend to one year
or fine which may extend to two thousand rupees."
10] From the perusal of the aforesaid sections, it is clear that
there is no prohibition for import, export or carriage of the raw skin
(processed animal skin). All the above cited sections are in respect
of cruelty to the animals. In the above stated sections, transportation
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of cow, bull or bullock for slaughtering is prohibited. Admittedly,
there was no any animal in the truck. There was only raw skin. The
applicants are permitted by the local body to do the business of raw
skin (processed animal skin). Therefore, the act of the applicants of
carrying skin cannot be said to be in contravention of the Act.
Therefore, the offences punishable under Sections 5A, 5B, 5C, 9 and
9A are not attracted. The act of the non-applicants is not in
contravention of the provisions of the Act and therefore, the First
Information Report is liable to be quashed and set aside.
11] In the result, the criminal application is allowed in terms
of prayer clause (1) and disposed of accordingly.
JUDGE JUDGE
Diwale
