Professional Documents
Culture Documents
% Dated 01-03-2017
Between:
# Ramavath Hanuma @ Hanumanthu, S/o.Gopya
age 26 years, Occ: Agriculture,
R/o.Gorikeneni Thanda.
..Petitioner/ Accused No.2
And
$ State of Telangana
Represented by Public Prosecutor,
High Court of Judicature at Hyderabad.
..Respondent/ Complainant
< GIST:
>HEAD NOTE:
? Cases referred:
ORDER:
The issue involved in the Criminal revision is:-
whether a person under mere claim of owner or
representing so called owner, either to kill or to sell for
slaughter, entitled to interim custody of cows and bulls
seized from him, when those are allegedly possessed
for slaughter, from the national importance of cows,
which are the substitute to mother and God and being
the sacred national wealth?
2) It was against the order dated 03.02.2017 in
cows and bulls at the time of said seizure and those are to
1
SLP (Crl.Appeal Nos.283-287/2012)
5
otherwise is no offence.
any offence and the cows and bulls in question are within
commission of an offence.
religious sacrifices.
injury to culture.
2
2014(6)Scale-468
9
Animals Act, 1960 (for short the PCA Act), the Tamil Nadu
deformation of the leg that leaves the animal unfit for any
pm the next day. Bulls were denied shade and were not
am, when they were forced to line up, until the jallikattu
and bit the bulls in order to force them back onto their
3
1957SCR 721
4
(2002) 8 SCC 106
13
5
AIR 1994 SC 1673 paras 12 and 13
6
AIR 1994 SC 1837
19
Slaughter.
calves and other milch and draught cattle and that the
30-4-1977.
(a) breeding, or
(b) draught or any kind of agricultural operations or
(c) giving milk or bearing offspirng.
7
AIR 1958 SC 731
26
8
[1951] S.C.R.525
27
9
[1954] S.C.R.1055
10
[1952] S.C.R.597
11
(1960) 2 SCR 375
12
(1961) 2 SCR 610
13
(1969) 1 SCC 853
28
14
(1960) 2 SCR 375
15
(1986) 3 SCC 12
16
(1995) 1 SCC 189
29
17
(1996) 4 SCC 391
18
Appeal (civil) 4937-4940 of 1998-dt.26/10/2005
30
and not the cow herself and the sanskrit word anaduh
factually refers to the grains produced by the bull from
ploughing the fields. What exactly Yajnavalkya has
stated in this verse is that he can eat what is amsala.
The interpolators, some being ignorant and some not
so ignorant of the rules of Panini have translated
amsala as being tender flesh. Panini is the authority on
all matters concerning the rules of Sanskrit grammar
and according to sutra 5.2.8 of Panini the word amsala
can only mean nourishing and strength bestowing.
Also in the Amarakosa 2.6.44 it states that amsala is
mamsala which never applies to flesh tender or
otherwise. Mamsala specifically aplies to cream and
sweets made from milk products as well as fresh and
dried fruits. So there is no basis according to sastra for
translating amsala as flesh.
19
1951 SCR 525
20
1959 Supp. (2) SCR 8
21
1959 SCR 995
22
(1967) 2 SCR 762
49
25
(1976) 2 SCC 310
52
(1986) 3 SCC 20
26
27
(1992) 3 SCC 336
53
36
1954 SCR 587
(1964) 1 SCR 371
37
61
follows:
The High Court observed therefrom that the facts of the instant
case are identical to the case of Mustakeem's case (supra). The criminal
45
2013(2) U.D. 661 : 2013(23) R.C.R.(Criminal) 471
94
June, 2017.
_________________________
Dr. B. SIVA SANKARA RAO, J
Dt.01.03.2017
Note: L.R.copy to be marked.
B/o.KNL/VVR