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2011 Supreme(Guj) 463

SUDHANSU JYOTI MUKHOPADHAYA, J.B.PARDIWALA
Samandkhan Meerakhan – Appellant
Versus
State Of Gujarat – Respondent


Advocates appeared:
N.M.R. Mukul Sinha, P.K. Jani, Virat G. Popat

JUDGMENT

J.B. PARDIWALA, J.

1. BY way of this writ petition under Article 226 of the Constitution of India, petitioners who are traders engaged in the trade of buying and selling of sheep and goat, seek to challenge the constitutional validity of Section 35(1) and Section 35(2) of the Prevention of Cruelty to Animals Act, 1960, on the ground that Section 35(1) and Section 35(2) of the Act are ultra-vires to the provisions of Article 19(1)(g) of the Constitution of India. Though the petitioners have challenged constitutional validity of Section 35(1) and Section 35(2) of the Prevention of Cruelty to Animals Act, 1960, they have confined their challenge only to a part of Section 35(2) of the said Act, which empowers the learned Magistrate concerned to send the entire livestock to a Pinjarapole.

2. THE facts relevant for the purpose of deciding this petition can be summarised as under:-

2.1 Petitioners are traders engaged in the trading of buying and selling of sheep and goats. All the three petitioners reside in the State of Rajasthan. As a part of their business, they buy sheep and goats from the nearby areas in Rajasthan and sell them to the respective customers in the State of Guja





















































































































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