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1968 DIGILAW 402 (ALL)

Nafis v. State of U. P.

1968-10-30

R.CHANDRA

body1968
JUDGMENT R. Chandra, J. - This revision has been filed by ` Nafis, Abdul Shakoor, Bhoorey and Maqsood Ali against their conviction under Section 5 read with Section 8 of the U. P. Prevention of Cow Slaughter Act (hereinafter referred to as the Act). I have heard the learned counsel for the applicants and the Government Advocate for the State. 2. Samad, Razzaq, Nafis, Abdul Shakoor, Bhoorey, Maqsood Ali and four others were prosecuted for selling beef, in village Hadha, police station Achal-ganj, district Unnao. The Magistrate who tried the case found Samad, Razzaq, Nafis, Abdul Shakoor, Bhoorey and Maqsood Ali guilty under Sections 3 and 5 read with Section 8 of the Act. He sentenced them to undergo one year's rigorous imprisonment each. In appeal, their convictions were also maintained by the Additional Sessions Judge, Unnao. (It appears that Razzaq died during the pendency of the appeal). 3. The petitioners were charged only under Section 5 of the Act. There was no specific charge under Section 3 of the Act. Even in the opening part of the judgment of the Magistrate, there is no mention of that charge. It appears that only in the operative portion of the order, he has mentioned about it. That appears to be a mistake. In any case, without a specific charge the petitioners could not be convicted under Section 3 of the Act. 4. Now, the primary question for consideration in the present revision is whether the conviction of the petitioners under Section 5 of the Act was warranted from the materials on the record. That section reads: `Except as herein excepted and notwithstanding anything contained in any other law for the time being in force, no person shall sell or transport or offer for sale or transport or cause to be sold or transported beef or beef products in any form except for such medicinal purposes as may be prescribed. Exception - A person may sell and serve or cause to be sold and served beef or beef-products for consumption by a bona fide passenger in an aircraft or railway train." The evidence produced in the case by the prosecution clearly indicated that Samad was actually selling the beef, and the petitioners were only purchasers. At the time of arrest, some quantity of beef was also recovered from the possession of different persons. At the time of arrest, some quantity of beef was also recovered from the possession of different persons. Purchasing or possessing beef has not been made punishable under law. There was no satisfactory material on the record to hold that the petitioners in any manner helped Samad in selling the beef. For the various reasons, their convictions under Section 5 read with Section 8 of the Act, could not be maintained. So, the revision must be allowed. 5. Accordingly, the revision is allowed and the conviction of Nafis, Abdul Shakoor, Bhoorey and Maqsood Ali (petitioners) under Section 5 read with Section 8 of the Act, is set aside, and they are acquitted of the charge. They are reported to be on bail and need not surrender. Their bail bonds shall stand discharged.