The Bombay High court, hearing a criminal application, observed that there is no prohibition of possession of skins of any dead animal and quashed the impugned FIR regarding possession of 187 skins of cow species.
Facts
The FIR was lodged by the local Bajrang Dal president regarding the applicant’s vehicle which was found to be carrying 187 skins of cow species which was verified by the animal husbandry department. The applicant aggrieved by the police report filed the application in the high court for quashing of the FIR.
Applicant’s Contentions
The counsel for applicant submitted that the applicant was merely a driver who was transporting the skins and the skins were owned by a merchant who had proper license and documentation for selling raw hide. The counsel further submitted that there was no contravention of any provision of the Maharashtra animal preservation Act, 1976 and sought the quashing of the FIR.
Prosecution’s Submissions
The learned APP appearing for the state opposed the application and contended that the applicant was liable as per section 5-(A),5-(B),5-(C),9 AND 9-(A) of the Maharashtra animal preservation Act,1976 and further prayed for the application to be dismissed.
Court’s Decision
The divisional bench of Justice VM Deshpande and Justice Anil S Kilor observed that the applicant was not liable under sections 5(A) and 5 (B) considering that these provisions prohibited the transfer of the cows or bullock for slaughter and sale and purchase of the animal for slaughter and since only the skins of dead animals of cow species were transported in the present case these provisions were not applicable. Regarding section 5(c), the court observed that the provision prohibited the possession of flesh of cows, bulls and bullock, and added that in the present case skin may not be interpreted as part of ‘flesh’ which was given in the provision and remarked “Having considered the difference between ‘skin’ and ‘flesh’ and having considered the basic rule of interpretation, it can not be said that the word ‘flesh’ used under Section 5-(C) of the Act, 1976, covers the skin of animal. The legislature has expressed its intention through the word ‘flesh’ used under Section 5-(C) of the Act, 1976 and therefore, the said word needs to be interpreted accordingly, as per the intention of the legislature.”
After making the aforementioned observation, the court held that since there was no prohibition on the possession of the skin of the dead animal under the statute, same shall not be considered an offence. The court on the basis of above discussions allowed the application and quashed the FIR, thus disposing of the application.
Read Judgment @Latestlaws.com
Share this Document :
Picture Source :
