ORDER :

1. Heard the petitioners’ counsel and the learned HCGP appearing for respondent No.1 and the learned counsel for respondent No.2.

2. This petition is filed under Section 482 of Cr.P.C. seeking relief to quash the proceedings initiated against these petitioners for the offences punishable under Section 420 read with Section 429 of IPC, Section 11 read with Sections 9, 8 and 4 of the Karnataka Prevention of Cows Slaughter and Cattle Protection Act, 1964 and Section 11(1)(d) of Prevention of Cruelty to Animals Act, 1960 on the file of the II Judicial Magistrate I Class Court, Belagavi. The grievance of the petitioners is that they are the partners of M/s. Shrusthi Agro and Cold Storage situated at Plot No.SPL, Q-1, KSIDC, Kanabargi Industrial Area, Auto Nagar Belagavi and they are engaged in the cold storage business i.e. trimming and packing of meat/beef, seasonal fruits etc. The further contention of the petitioners is that they are only procuring meat from the local traders and are processing and storing the meat in cold storage units, cold storage rooms/freezers as per the requirement of the traders/customers/parties etc. The petitioners further contended that they are carrying out their business through lawful means and are specifically abiding by the rules and regulations prescribed by the concerned department and Government circulars. The copies of the land records, firm registration permissions through the concerned department, etc. are also produced to evidence the fact that they are running the business in accordance with law.

3. The petitioners are involved in local/interstate purchase, storage and sale of buffalo meat and they does not purchase the meat directly from the slaughter house, but the owners/traders involved in the meat business directly approach the petitioners for sale, trimming and cold storage of the meat which they have procured/purchased from the slaughter houses. The petitioners involved in trimming, storing and freezing the meat procured from the customers who are residing at different places and different states, particularly from Goa. The petitioners are not involved in slaughting of animals and to evidence the fact that they have purchased the same, have produced the invoices and delivery invoices of meat purchased and meat sale. The petitioners also verify the antecedents of their customers/sellers before the meat is purchased and also enquire whereabouts the meat is purchased and whether they have purchased meat from authorized slaughter houses and also whether certificates are issued in respect of the animals slaughtered as per the provisions of the law. The copies of certificate issued under Form No.II under Sub-rule (2) of Rule 6 of the Karnataka Prevention of Cow Slaughter and Cattle Preservation Rules 1967 are annexed to the petition as Annexure-C1.

4. When the petitioners were peacefully carrying on their trade/business, the complainant Smt.Joshine Antony, stating herself to be a member of Animal Welfare Board of India filed a complaint dated 26.02.2018 before the Mal Maruti Police Station, Belagavi making the allegations against these petitioners that they have committed offence under Section 420 read with Section 429 of IPC, Section 11 read with Section 9, 8 and 4 of Karnataka Prevention of Cow Slaughter and Cattle Protection Act, 1964 and Section 11(1)(d) of Prevention of Cruelty to Animals Act, 1960. The allegation made in the complaint is that the petitioners are involved in illegal procurement of beef from unauthorized/illegal slaughter house and the same is contaminated and the petitioners factory is functioning without any licence from Food Safety and Standards Authority of India and licence from other Departments and illegal Bangladeshi workers are employed in the petitioners’ factory and hence the beef should be seized from the petitioners’ factory and in furtherance of the said complaint, respondent No.1 has registered Crime No.45/2018 against the petitioners and other fact