Azad Hussain vs The State Of Assam
2021 Latest Caselaw 1756 Gua

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GAHC010079962021




                               THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                  Case No. : Crl.Rev.P./134/2021

              AZAD HUSSAIN
              S/O. LT. MOHAMMAD HUSSAIN, VILL. GELUA, P.S. SILAPATHAR, DIST.
              DHEMAJI, ASSAM.

              VERSUS

              THE STATE OF ASSAM
              REP. BY PP, ASSAM.


Advocate for the Petitioner    : MR. T CHUTIA

Advocate for the Respondent : PP, ASSAM


                                               BEFORE
                  HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN

                                         :: O R D E R ::

03-08-2021

The petitioner herein, Md. Azad Hussain is one of the accused in Kaliabor PS Case No. 11/2021 wherein 23 number of cows were seized from him by the police n course of investigation on 01.02.2021 and his prayer for zimma of the seized cows was rejected vide impugned order dated 20.02.2021 by the learned JMFC, Kaliabor for which the present petition has been preferred under Section379/401 read with section 482 Cr.P.C.

I have heard the submission of learned counsel for the petitioner and the learned State respondent.

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The FIR was lodged by one social activist Smt. Kavita Jain alleging that large number of cattle were transferred in truck bearing numbers AS-25EC-3493 and AS-27C-6564 in illegal and cruel manner without proper documents. On the basis of the said FIR, the vehicle as well as the animals were seized by the IO. According to the petitioner, he is the actual owner of the seized 23 numbers of cattle which were being carried out in vehicle No.AS-27C-6564 and he purchased the cattle from the Dhemaji District Regulated market Committee, a market constituted under Government rules and he has proper challan in this respect. However, his claim for zimma was rejected by the trial court by the impugned order.

It may be noted here that one of the co-accused, Bijit Chutia of the said case from whose possession a vehicle and 20 numbers of cattle were seized also came before this court challenging the impugned order dated 20.02.2021 passed by the learned JMFC, Kaliabor that he has all the necessary document for carrying the animals as permissible under the law and it was not carried in illegal manner which amount to cruelty. This Court by its order dated 19.03.2021 in Crl. Rev. P. 68/2021 having regard to all the documents and relying on various decisions of such subject has came to a finding that the learned trial court has not discussed the documents that has been produced by the petitioner therein and the petition was disposed of at the motion stage directing the learned trial court to decide the petition filed by the petitioner having regard to the documents relied by the petitioner as well as the decision in referred judgment and to pass an appropriate order in accordance with law. In the process the Dhyan Foundation was also given liberty to renew their prayer before the trial court, if they opted for.

It has been found that the petitioner herein has also produced the similar sort of documents that has been produced by the other co-accused, challan and RC of seized vehicle and certificate issued by the Animal Husbandry & Veterinary Officer, Dhubri. Regarding the present vehicle in question bearing No. AS-27C-6564, document reveals that the vehicle has been constructed as a livestock transportation of 9.69 Mtrs x 2.43 Mtrs having capacity of carrying 23 numbers of cattle and up to 200 kg. That apart the certificate from the Veterinary Officer that has been produced reveals that the animals were found in proper condition and free from any infection and contagious disease and vaccinated, vide annexures 1 to 5 (series).

As the matter relates exactly to the same order passed by the learned trial court and the present petitioner is a co-accused, without elaborating all details as given in order dated 19.03.2021 in Crl. Pet. No. 68/2021 and as the matter is covered by the said decision, the present petition has been disposed of with a direction to the learned trial court to decide the petition afresh having regard Page No.# 3/3

to the documents filed by the petitioners and all materials on record.

In terms of the order passed by this Court, the petition stands disposed of accordingly.

JUDGE

Comparing Assistant