Name of the Case
Mubbi alias Mubin v. State of Haryana
What was the issue
- The respondents found a bull, a cow and a calf tethered in his house and also found items of slaughter.
- They proceeded to file an FIR under Section 3 and 8 (1) of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 and Section 511 of the Indian Penal Code.
What did the petitioner say
- A petition was filed by Mubin seeking anticipatory bail and states that the local Gau Raksha Dal had allegedly raided his house.
- The petitioner had contended that Section 3 of the Act prohibits cow slaughter and in the case no evidence for the same has been found and would not attract Section 8 as well because it relates to sale of beef.
- The respondents are not authorised personnel to raid the houses.
What was the decision
- The Additional Advocate General for the State of Haryana was asked to address the Court on the powers of vigilantes to raid houses.
- The petitioner was granted the anticipatory bail and was directed to cooperate with the investigation process.
- He was to be granted interim bail under the Section 438 (2) of Cr.P.C. owing to the satisfaction of the IO/SHO.
- The Justice Sudhir Mittal observed that such kind of actions are illegal and is contrary to rule of law as the individuals are taking matters into their own hands.
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