Legal News and Insight around the Globe!

Mere possession of dead cow skin would not amount to an offence: Bombay HC

LI NETWORK

Bombay High Court Nagpur bench of Justice V. M. Deshpande & Anil S. Kilor said that that mere possession of a dead animal’s skin would not amount to an offence.

Bench of Justice V. M. Deshpande & Anil S. Kilor said this would not amount to an offence under the Maharashtra Animal Preservation Act, 1976, which prohibits slaughtering, importing, exporting and possessing beef.

Court stated that there is no restriction to store skin of dead animals under the Act and further noted that even if any circular/notification/order is issued by the state government, prohibiting possession of skin, such circular will not prevail over the provisions of the statute.

High Court observed, “There is no doubt that the skin is not covered under the provisions of the Act of Maharashtra Animal Preservation Act, 1976. Thus, there is no prohibition for the possession of skin of dead animals and in absence of such prohibition, we have of a convinced view that no offence under Section 5-(A), 5-(B), 5-(C) attracts in the present matter and consequently Section 9 and 9-(A) ( both providing punishments under the law) also would not attract.”

Court quashing FIR against accused held,

“Moreover, in absence of any statutory provision, which prohibits possession of skin of a dead animal, even if, any circular or notification or order has been issued by the State Government, prohibiting possession of skin, such circular,”

” notification or order which has no statutory force will not prevail over the provisions of the statute and to that extent, it would be in contravention with the statute. Thus, the contravention of any such notification or circular or order as regards possession of skin will not attract Section 188 (contempt of lawful authority of public servant) of the Indian Penal Code.”