A.S.OKA, S.C.GUPTE
Shaikh Zahid Mukhtar – Appellant
Versus
State of Maharashtra – Respondent
A.S. OKA, J.
1. As per the administrative order dated 17th November 2015 passed by the Hon'ble the Acting Chief Justice, this group of petitions has been specifically assigned to this specially constituted Bench.
OVERVIEW
2. The challenge in this group of Petitions is to various provisions of the Maharashtra Animal Preservation Act, 1976 (for short “Animal Preservation Act”) as amended by the Maharashtra Animal Preservation (Amendment) Act, 1995 (for short “the Amendment Act”). The Amendment Act received the assent of the Hon'ble President of India on 4th March 2015. By the Amendment Act, in addition to existing prohibition on the slaughter of cows, a complete prohibition was imposed on slaughter of bulls and bullocks in the State. A ban was imposed on possessing the flesh of cow, bull or bullock slaughtered within and outside the State. Moreover, by introducing Section 9B, at the trial of certain offences, a negative burden was put on the accused.
3. Before we deal with the facts of each Petition and the challenges therein, it will be convenient to have an overview of the relevan
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