2007 (2) AIR Jhar R 517 ::(2007) 2 JLJR 200 ::(2007) 3 JCR 496 (JHA)

Jharkhand High Court

Hon'ble Judge(s): M. Karpagavinayagam, Permod Kohli , JJ

( A ) Constitution of India Art. 141 , 19 (1) (g), 21 — Jharkhand Bovine Animal Prohibition of Slaughter Act (2005), Ss. 3, 5, 6, 7 — Prohibition on slaughter of cow and its progeny — Petition for declaration that it is ultra vires to Arts. 19(1)(g) and 21 of Constitution — Apex Court in AIR 2005 SCW 5723 has held that prohibiting slaughter of cow and its progeny based on directive principles is not inconsistent with fundamental rights — Decision rendered by 7 Judges Bench is binding precedence — Act 2005 not ultra vires Constitution. AIR 2005 SCW 5723, Relied on. AIR 1958 SC 731, Overruled in AIR 2005 SCW 5723. (Paras13)

( B ) Jharkhand Bovin Animal Prohibition of Slaughter Act (2005) S. 14 — Offence under Act — Burden of proof — Accused is required to prove that he has not committed offence — It is well within legislative competence to shift burden of proof on person who is prosecuted for offence — Moreover, burden is shifted to accused only when prosecution is in position to produce prima facie evidence against parson at first instance — Provision under S. 14 not ultra vires Constitution nor inconsistent with Ss. 104, 105 of Evidence Act. Constitution of India, Arts. 19 (1) (g) 21. Evidence Act (1 of 1872), Ss. 104, 105. (Paras1920)