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2014 Supreme(Online)(Chh) 91

CHATTISGARH HIGH COURT
Sanjay K. Agarwal, J
Aslam Chouhan and Others v. State of Chhattisgarh and Another


Table of Content
1. validity of seizure provisions. (Para 1 , 2 , 3)
2. public interest considerations. (Para 4 , 5 , 6)
3. protection of animal husbandry. (Para 7 , 8 , 9)
4. reasonableness of restrictions. (Para 20 , 26)
5. conclusion on provisions' validity. (Para 40 , 46)

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

2. THE FACTS
The Petitioners are carrying on business of transportation. Their vehicles have been seized under S.6(2) of the 2004 - Act and their applications for their release have been rejected by the Magistrate concerned under S.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 01.05.20





















































































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