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2017 Supreme(Pat) 777

BIRENDRA KUMAR
Dhyan Foundation represented by Nitasha Jaini – Appellant
Versus
State of Bihar, Service through the D. M. Kishanganj – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Smt. Nitasha Jaini, (In Person)
For the State : Mr. Partha Sarthy, Mr. Apurva Kumar
For the Respondent: Mr. Dilip Singh

JUDGMENT :

Heard learned counsels for the parties.

Backgrounds:-

1. The Circle Officer, Kishanganj noticed that 61 camels have been brought in the campus of Khagara Mela (an animal fair), at Kishanganj. The Circle Officer suspected that the camels have been brought to the knowledge of Amit Kumar Das, the owner of Khagara Mela. Then he filed a written complaint to the Station House Officer, Kishanganj stating therein that in the night camels have been unloaded from trucks in the campus of Khagara Mela. The same should be seized and necessary prosecution be launched against the owner of the Mela. On the basis of aforesaid information Kishanganj Police Station Case No. 543 of 2016 was registered on 29.11.2016. The seizure of the camels was news of that day in the local newspapers. Suspicion was raised that the same was being transported for the purpose of slaughter in Bangaladesh.

2. The petitioner Dhyan Foundation is a registered trust vide registered trust deed at Annexure-13. The Foundation is a spiritual and charitable organization working for the welfare of the animals as per averment in paragraph no. 5 of the supplementary affidavit on oath. The petitioner works closely with the gov














































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