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2002 Supreme(Raj) 479

SUNIL KUMAR GARG
Shri Jain Ratna Youvak Sangh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Manoj Bhandari, for Petitioner M.P. Bishnoi, Public Prosecutor Sandeep Mehta, for Respondent No.2.

Honble GARG, J.–This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the orders dated 5.5.1999 and 11.5.1999 passed by the learned Addl. Chief Judicial Magistrate No.1, Jodhpur by which he allowed the application of the respondent No.2 Bhima Ram and ordered that 20 bovine animals seized in FIR No. 71/99 registered at Police Station Shastri Nagar, Jodhpur be given to the respondent No.2 on Supurdginama.

(2). It arises in the following circumstances :-

On 12.03.1999 at about 12.30 AM when the petitioner got information that certain bovine animals were being taken out of the City, they immediately rushed towards ITI Circle, Jodhpur to catch-hold the trucks carrying bovine animals and Nakabandi was made by the police at about 12.30 AM in the night at ITI Circle and Trucks bearing No. RJ13-G-4614 and RJ/13-G-4624 were caught by the police, in which bovine animals were being carried by the accused without any licence, therefore, the case was registered against the accused under Secs. 3, 4 & 5 of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Magistrate or Export) Act, 1995 (hereinafter referred to as ``the Act of



























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