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 th
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Union of India v. Wood Paper Ltd. [(1990) 4 SCC 256 : 1990 SCC (Tax) 422 : JT (1991) 1 SC 151]
Sanjay Dutt v. State (II) (1994) 5 SCC 410 : 1994 SCC (Cri) 1433]
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R. Rajagopal v. State of T.N. [(1994) 6 SCC 632]
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R. Rajagopal v. State of T.N.[(1994) 6 SCC 632 : AIR 1995 SC 264] (vide SCC para 26 : AIR para 28)
Francis Coralie Mullin v. UT of Delhi[(1981) 1 SCC 608 : 1981 SCC (Cri) 212] (SCC pp. 61819
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Mohd. Faruk v. State of Madhya Pradesh[(1969) 1 SCC 853 : AIR 1970 SC 93 : (1970) 1 SCR 156
A.K. Gopalan v. State of Madras [AIR 1950 SC 27 : 1950 SCR 88 : 51 Cri LJ 1383
Kharak Singh v. State of U.P. [AIR 1963 SC 1295 : (1964) 1 SCR 332 : (1963) 2 Cri LJ 329
R.C. Cooper v. Union of India [(1970) 2 SCC 298 : (1971) 1 SCR 512
Haradhan Saha v. State of West Bengal [(1975) 3 SCC 198 : 1974 SCC (Cri) 816 : (1975) 1 SCR 778]
E.P. Royappa v. State of Tamil Nadu [(1974) 4 SCC 3 : 1974 SCC (L&S) 165 : (1974) 2 SCR 348
Narendra v. Union of India [AIR 1960 SC 430 : (1960) 2 SCR 375
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Krishna Janardhan Bhat vs. Dattatraya G. Hegde
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