JUDGMENT : M.G. Giratkar, J. Heard. ADMIT. With the consent of the learned counsel for the parties, the matter is heard finally. 2. By this application, the applicants have prayed for quashing of the First Information Report registered vide Crime No. 137/2016 with the non-applicant no.1 for the offences punishable under Sections 5A, 5B, 5C, 9, 9A of Animal Preservation Act r/w 188 of the Indian Penal Code and Section 105 and 117 of the Bombay Police Act. 3. It is submitted that the applicant nos.1 and 2 are the Proprietors of Mohd. Bilal and Company and Nisar Ahmed and Company, respectively, based at Haji Nagar, Akot File, Akola and dealing in the business of sale and purchase of processed raw leather (processed animal skin) and exporting the same to leather manufacturers for the purpose of processing the same into leather to be used for various purposes. It is submitted that Mohd. Bilal and Company is registered under the Maharashtra Value Added Tax as exporter, wholesaler and reseller and is paying necessary taxes for carrying out its legitimate business of Hides and Skin. The said company is also registered under the Central Sales Tax Rules, 1957. A copy of certificate of registration under MVAT and CST, dated 18.4.2013 is placed on record at Annexure-II. 4. The non-applicant no.2 Sub Inspector of Police Station, Shivaji Nagar, Khamgaon lodged the report on 25.8.2016, alleging that the applicants were transporting the animal skin and registered crime for the offences punishable under Sections 5A, 5B, 5C, 9, 9A of Animal Preservation Act and Sections 105 and 117 of the Bombay Police Act. 5. It is submitted that as per the latest amendment to the Maharashtra Animal Preservation Act, sale and purchase of processed animal skin (law leather) is not prohibited. It is further submitted that the applicants were not exporting any animal flesh and therefore the said offences are not attracted to the applicants. At last, the learned counsel for the applicants submitted that the offence registered against the applicants by the non-applicants are illegal and against the provisions of law and therefore, the first information report is liable to be quashed and set aside. 6. The non-applicant no.1 filed reply and submitted that upon receipt of secret information, the non-applicant no.2 lodged the report. 6. The non-applicant no.1 filed reply and submitted that upon receipt of secret information, the non-applicant no.2 lodged the report. By referring to the provisions of the Act, it is submitted that as there is prima facie material against the applicants for the offences registered against them, the application is liable to be dismissed. 7. The learned counsel for the applicant pointed out the provisions of the Maharashtra Animal Preservation Act and submitted that sale and purchase of raw leather (processed animal skin) is not prohibited by the said Act and therefore, action of the non-applicant no.2 in lodging the report and registration of first information Report by the non-applicant no.1 is nothing but an illegal action and the same is liable to be quashed and set aside. 8. The learned Additional Public Prosecutor supported the action of the non-applicants. 9. The material allegations levelled against the applicants are for the offences punishable under Section 5A, 5B, 5C, 9 and 9A of the Act. The provisions are reproduced as under : 5A. (1) No person shall transport or offer for transport or cause to be transported cow, bull or bullock from any place within the State to any place outside the State for the purpose of slaughter in contravention of the provisions of this Act or with the knowledge that it will be or is likely to be so slaughtered. (2) No person shall export or cause to be exported outside the State of Maharashtra cow, bull or bullock for the purpose of slaughter either directly or through his agent or servant or any other person acting on his behalf, in contravention of the provisions of this Act or with the knowledge that it will be or is likely to be slaughtered. 5B. No person shall purchase, sell or otherwise dispose of or offer to purchase, sell or otherwise dispose of any cow, bull or bullock for slaughter or knowing or having reason to believe that such cow, bull or bullock shall be slaughtered. 5C. Notwithstanding anything contained in any other law for the time being in force, no person shall have in his possession flesh of any cow, bull or bullock slaughtered in contravention of the provisions of this Act. 5D .......... 9. 5C. Notwithstanding anything contained in any other law for the time being in force, no person shall have in his possession flesh of any cow, bull or bullock slaughtered in contravention of the provisions of this Act. 5D .......... 9. After Section 9 of the Principal Act, the following sections shall be inserted namely 9A.- Whoever contravenes the provisions of Sections 5C, 5D or s shall on conviction be punished with imprisonment for a term which may extend to one year or fine which may extend to two thousand rupees." 10. From the perusal of the aforesaid sections, it is clear that there is no prohibition for import, export or carriage of the raw skin (processed animal skin). All the above cited sections are in respect of cruelty to the animals. In the above stated sections, transportation of cow, bull or bullock for slaughtering is prohibited. Admittedly, there was no any animal in the truck. There was only raw skin. The applicants are permitted by the local body to do the business of raw skin (processed animal skin). Therefore, the act of the applicants of carrying skin cannot be said to be in contravention of the Act. Therefore, the offences punishable under Sections 5A, 5B, 5C, 9 and 9A are not attracted. The act of the non-applicants is not in contravention of the provisions of the Act and therefore, the First Information Report is liable to be quashed and set aside. 11. In the result, the criminal application is allowed in terms of prayer clause (1) and disposed of accordingly.