THE HIGH COURT OF MADHYA PRADESH MCRC-4640-2018 (UMAR FARUK Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 06-03-2018 Mr.Manish Tiwari, learned counsel for the petitioner.

Ms.Shahin Fatima, learned Government Advocate for the respondent/State.

Trala Truck No.MP-09/HF-3574 has been sesized from the petitioner in connection with Crime No.132/2017, by the Police Station, Bhainsdehi for offence under sectionsa 4, 6 & 9 of Govansh Pratishedh Adhiniyam and section 11 of the Animal Cruelty Act and section 429 of the Indian Penal Code.

It is stated that 28 cattle werye being transported in aforesaid Trala in very congested space. One of the animal (an ox) died during transportation. a On behalf of the petitioner it is claimed that one Irfan Khan is the registered owner o f the vehicle in question and he has executed a power of attorney in favour of the petitioner to receive the Trala (Truck) on 'supradnama'.

The trial would take consideration time and if the vehicle is allowed to be kept in open in rain and sun, it would be damaged and rust ed, therefore, the same can be released on supurdginama.

In this regard reference can also be made to the case of Sunderbhai Ambalal Desai Vs. State of Gu