MULTANI HANIFBHAI KALUBHAI versus STATE OF GUJARAT & ANR.

Citation: [2013] 3 S.C.R. 648 · Decided: 01-02-2013 · Supreme Court of India · Bench: P. SATHASIVAM · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
B 
[2013] 3 S.C.R. 648 
MULTANI HANIFBHAI KALUBHAI 
v. 
STATE OF GUJ.ARAT & ANR. 
(Criminal Appeal No. 219 of 2013) 
FEBRUARY 01', 2013 
[P. SATHASIVAM AND JAGQISH SINGH KHEHAR, JJ.] 
Gujarat Animal Preservation (Amendment) Act, 2011 -
ss.68(3) and 6A(3) - Gujarat Animal Preservation Act, 1954 
C - s.5(1A) -
Truck of appellant .seized by the police for 
transporting 28 buffalo calves - Application filed by appellant 
uls.451 CrPC for release of the truck - Dismissed on the 
ground that as per s. 68(3) of the Gujarat Animal Preservation 
(Amendment) Act, 2011, the truck could not be released 
o before the expiry of six months from Uie date of its seizure -
Propriety- Held: Sub-section (3) of s. ~A of the Gujarat Animal 
Preservation (Amendment) Act, 201 f stipulates that whenever 
any person transports in contravention of provisions of Sub-
section (1), any animal as specified in s.5(1A) of the Gujarat 
E Animal Preservation Act, 1954, such vehicle or any 
conveyance used in transporting such animal, shall be liable 
to be seized by the authority/officer concerned - Sub-section 
1A of s.5 of the Gujarat Animal Preservation Act, 1954 
stipulates a list of prohibited animals, viz. (a) a cow; (b) the 
F calf of a cow, whether male or female and if male, whether 
castrated or not; (c) a bull and (d) a bullock - In the case at 
hand, the vehicle impounded by the respondents was 
transporting 'buffalo calves' which does not fall under the list 
of prohibited animals mentioned in sub-section 1A of s.5 -
Thus, s.68(3) of the Gujarat Animal Preservation 
G (Amendment) Act, 2011 could not be invoked in order to deny 
the claim of release of the vehicle - In view of the same, it is 
not advisable to keep the seized vehicle in the police station 
in open condition which is prone to natural decay on account 
H 
648 
MULTAN! HANIFBHAI KALUBHAI v. STATE OF 
649 
GUJARAT & ANR. 
of weather conditions - Further, it is of no use to keep the 
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seized vehicle in the police station for a long period -
Respondents accordingly directed to release the truck - Penal 
Code, 1860 - s.451. 
The truck of the appellant was seized by the police 
for transporting 28 buffalo calves. The appellant filed 
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application under Section 451 CrPC for relea.se of the 
truck. The application was rejected by the Judicial 
Magistrate on the ground that as per Section 68(3) of the 
Gujarat Animal PreservatioL (Amendment) Act, 2011, the 
seized truck could not be released before the expiry of C 
six months from the date of its seizure. The order was 
upheld by the revisional court as also by the High Court, 
and therefore the instant appeal. 
Allowing the appeal, the Court 
D 
HELD: 1. Sub section (~) of Section 6A of the Gujarat 
Animal Preservation (Amendment) Act, 2011 stipulates 
that whenever any person transports in contravention of 
provisions of Sub-section (1), any animal as specified in 
Section 5(1 A) of the Gujarat Animal Preservation Act, 1954, 
E 
such vehicle or any conveyance used in transporting 
such animal, shall be liable to be seized by the authority/ 
officer concerned. In the case at hand, the vehicle which 
has been impounded by the respondents was not 
carrying the category of animals which has been laid 
F 
down under Section 5(1A). The vehicle in question was 
transporting the 'buffalo calves'. [Paras 8, 9] [656-F, G-H; 
657-A] 
2. The courts below including the High Court grossly 
erred by overlooking the correct position of law as stated 
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in Section 6A(3) of the Gujarat Animal Preservation 
(Amendment) Act, 2011. Sub-section 1A of Section 5 of 
the Gujarat Animal Preservation Act, 1954 stipulates the 
schedule of animals which are as under: (a) a cow; (b) 
the calf of a cow, whether male or female and if male, 
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650 
SUPREME COURT REPORTS 
[2013] 3 S.C.R. 
A whether castrated or not; (c) a bull; (d) a bullock. It is 
clear from the above description of animals that the 
buffalo calf does not fall under the list of prohibited 
animals. Thus, Section 68(3) of the Gujarat Animal 
Preservation (Amendment) Act, 2011 cannot be invoked 
8 in order to deny the claim of release of the vehicle before 
the expiry of six months from the date of its seizure. [Para 
11] [657-E-H; 658-A] 
3. Section 5(1) of the Gujarat Animal Preservation Act, 
1954 prohibits slaughtering of any animal without a 
C certificate in writing from the Competent Authority that· 
the animal is fit for slaughter. In other words, without a 
certificate from compet
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