38.6c New Delhi, India, Monday, October 07, 2024
Judiciary

SC upholds quashing of FIR in case of recovery of cow meat [Read Judgment]

By Jhanak Singh      28 February, 2024 04:42 PM      0 Comments
SC upholds quashing of FIR in case of recovery of cow meat

NEW DELHI: The Supreme Court has dismissed a petition filed against the Karnataka High Court's order, that quashed an FIR against a Muslim woman and others in a case of illegal storage of huge quantity of cow meant in a godown.

A bench of Justices Abhay S Oka and Ujjal Bhuyan noted the sample collected here by the Assistant Director of the Veterinary Department was completely illegal as the power of the officer under the law was very limited.

The court held there was no error in the view taken by the High Court.

The court upheld the High Court's order which quashed the FIR lodged against Asifa Sultana and others.

In the case, the bench said the crux of the matter was that the sample of the meat was admittedly collected by Dr Omkar Patil, Assistant Director of the Veterinary Department who had no authority in law to do the same.

Further, it noted he did not collect the sample after notice to the first to third respondents.

"Thus, the act of collection of sample by the Assistant Director was completely illegal. It is this sample which was sent for chemical analysis. Thus, the entire case of the prosecution is based on unauthorisedly and illegally collected sample of the meat.Therefore, the High Court was right when it interfered by quashing the First Information Report," the bench said.

The court, however, noted the sample was collected not by a police officer but by the Assistant Director of the Veterinary Department.

"Assuming that he was an authorized person, his powers were very limited under Section 10 of the of the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964," the bench said.

The court also noted the police also entered the premises but did not collect any sample for sending it for analysis.

Appellant Joshine Antony, while acting as honorary animal welfare officer, complained to Patil about illegal storage of a large quantity of meat of cow in a godown.

He claimed the High Court interjected in the matter before the investigation could proceed, though this was a case where huge quantity of meat of cow was found in the custody of the first to third respondents.

He submitted that the sample collected from the cold storage was sent for DNA test, which revealed that the meat, in fact, was of cow.

The counsel said Patil was duly authorised officer under Section 10 and he had authority to enter any premises and to inspect the said premises as he had a reason to believe that the offence under the 1964 Act has been committed.

He submitted that the High Court has virtually conducted a mini trial.

The top court, however, did not agree to the submission and dismissed the petition.

Referring to Section 10 of the 1964 Act, the bench said, "The power of the officer was confined to enter and inspect. Under the 1964 Act, he had no power to seize any sample of meat. What is interesting to note is that, on the same day, there was one more panchnama drawn in presence of an Assistant Sub-Inspector. The said panchnama records that the sample was already collected and has been sent for testing to the expert. It also records that the meat was stored in a cold storage, which was not functioning. Therefore, the seizure of three rooms and meat packets was made. The police officer did not collect any sample for sending it for analysis."

 

[Read Judgment]



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

The Orissa High Court has been without a permanent chief justice since January 5, 2020 after the retirement of former Chief Justice, KS Jhaveri. The high court is currently headed by acting Chief Justice Sanju Panda.

TRENDING NEWS


TOP STORIES

sc-criticizes-west-bengal-for-delay-in-cctv-installation-cbi-uncovers-key-leads-in-pg-doctors-rape-murder-case
Trending Judiciary
SC criticizes West Bengal for delay in CCTV installation, CBI uncovers key leads in PG Doctor’s Rape-Murder Case

SC unhappy over tardy CCTV installation in West Bengal; substantial CBI leads in PG doctor rape and murder case; deadline set for Oct 15 completion.

01 October, 2024 11:06 AM
sc-grants-bail-to-malayalam-actor-siddique-in-sexual-assault-case-amid-mollywood-scandal
Trending Judiciary
SC grants bail to Malayalam Actor Siddique in Sexual Assault Case amid Mollywood Scandal [Read Order]

Supreme Court grants interim bail to Malayalam actor Siddique in sexual assault case, providing relief after his anticipatory bail plea was rejected by the HC

01 October, 2024 11:11 AM
sc-stays-defamation-case-against-delhi-cm-atishi-kejriwal-over-voter-deletion-allegations
Trending Judiciary
SC stays Defamation Case against Delhi CM Atishi, Kejriwal over voter deletion allegations

SC stays defamation proceedings against Delhi CM Atishi and Arvind Kejriwal over claims of voter deletion, granting interim relief to AAP leaders.

01 October, 2024 11:26 AM
supreme-court-slams-ap-cm-over-tirupati-laddoo-animal-fat-allegations-before-sit-probe
Trending Judiciary
Supreme Court slams AP CM over Tirupati Laddoo Animal Fat allegations before SIT probe [Read Order]

The Supreme Court rebukes AP CM for making public allegations of animal fat in Tirupati Laddoos before an SIT probe or FIR, affecting devotees' sentiments.

01 October, 2024 11:42 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email