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2013 Supreme(Chh) 353

YATINDRA SINGH, MANINDRA MOHAN SHRIVASTAVA
Md. Aslam Chouhan – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Shri Jitendra Gupta and Shri Ashish Surana, Counsel for the Appellant.
For Respondents/Defendant:Shri Kishore Bhaduri, Additional Advocate General for the State.

ORDER

1. The only question involved in these writ petitions is, about validity of sub-sections (2) and (3) of Section {6(6)(2) and 6(3)} of the Chhattisgarh Agriculture Cattle Preservation Act, 2004.

THE FACTS

The Petitioners are carrying on business of transportation. Their vehicles have been seized under Section 6(2) of the 2004 Act and their applications for their release have been rejected by the magistrate concerned under Section 6(3) of the 2004 Act.

In Writ Petition (C) 912 of 2012, there are five Petitioners. The vehicle number CG-07-LJ-3786 of Petitioner-1 namely, CG-07-LJ-3786 was transporting agriculture cattle on 14.04.2012. It was seized on the same day. Thereafter, his application to release the vehicle was rejected on 25.04.2012.

In Writ Petition (C) 947 of 2013, the Petitioner is the registered owner of vehicle-CG-15-AC-0951. The vehicle was carrying agriculture cattle on 01.05.2013. It was seized on the same day. Thereafter, her application to release the vehicle was rejected on 06.05.2013.

2. The Petitioners have filed the present writ petitions challenging validity of sections 6(2) and 6(3) of the 2004 Act.

POINTS FOR DETERMINATION

3. We have heard counsel for the partie

























































































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