Gujarat High Court Case Information System
Print
CR.MA/584620/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5846 of 2008
=========================================================
INDARGO
FOODS LIMITED,THRO'ITS AUTHORISED REPRESENTATIVE - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
BS PATEL for Applicant : 1, MRS RANJAN B PATEL
for Applicant : 1,
MR RC KODEKAR APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 13/08/2008
ORAL
ORDER
Learned
counsel for the applicant prays to permit the Investigating Officer
to draw sample of meat/muddamal in question lying in Allana Cold
Storage Limited pursuant to the Criminal Case being CR No.II 175 of
2007 registered with the Karjan Police Station under the provisions
of Prevention of Cruelty to Animals Act, 1960, under sections
5(1)(viii) and (2) of the Bombay Animals Prevention Act, 1954 read
with section 11(L) of the Prevention of Cruelty to Animals Act, 1960
and under sections 465, 429, 471, 467 of the Indian penal Code.
Learned counsel for the applicant further submits that similar order
was passed by this Court in Criminal Misc. Application No.7248 of
2008 on 11.8.2008.
Heard
learned APP for the respondent-State of Gujarat.
Having
heard learned counsel for the parties and considering
the peculiar facts and circumstances of the case and considering the
fact that meat being a perishable item cannot be permitted to
continue in cold storage and in case if the applicant succeeds before
this Court, by passage of time, the above muddamal item will have to
be thrown out.
In
view of the above, I consider it to be deem and proper to send the
sample from the containers of meat stored in Allana Cold Storage
Limited to the Central Food Laboratory, Pune and if the report is
found `positive’, further directions can be given to the concerned
authority.
In
view of the above, respondent authorities are directed to draw sample
from the containers lying at Allana Cold Storage Limited latest by
16.8.2008 and send the same to the Central Food Laboratory, Pune on
or before 18.8.2008 and submit the report on the next date of
hearing.
Stand
over to 26th August, 2008.
Direct
service is permitted.
(ANANT S. DAVE, J.)
*pvv
Top