The Allahabad High Court has asked SSP Prayagraj and Nawabganj Inspector, considering the complaint made by the father of the accused in a case of cow smuggling that if the accused was in police custody from May 17 to 19, then how would he smuggle a cow?
The Division Bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar heard a Habeas Corpus Petition filed by Mohammad Ashraf Through Mohd Yusuf.
The Court passed the Following order on 26.5.2022:
“AGA has been directed to obtain instructions. On the basis of instructions received to this Court, it has been informed that the corpus Ashraf is wanted in Case Crime No.256 of 2022 registered on 19.05.2022 and that he has been taken into custody in connection with the said case.
The allegation in the complaint on the basis whereof the Habeas Corpus Petition has been registered, is that Ashraf was taken by the police on 17.05.2022 at 6.00 p.m. Prima-facie the detention of corpus on 17.05.2022 is, therefore, illegal.
Let corpus, Ashraf be produced before the Court on 30.05.2022.
Put up this case as fresh on 30.05.2022.”
The corpus has been produced before the Court, who states that he has been arrested on 17.5.2022. The FIR on the basis of which such arrest is being justified has been lodged on 19.5.2022. It is, therefore, apparent that on the date when the arrest was made there were no proceedings pending against the corpus-Mohammad Ashraf, the Court noted.
“Corpus Mohammad Ashraf therefore, shall be released forthwith. He undertakes to cooperate in the proceedings of investigation pursuant to Case under Section 3/5A/8 of Cow Slaughter Act, Police Station – Nawabganj, District -Prayagraj.
The S.H.O, Nawabganj, District – Prayagraj and S.S.P Prayagraj shall file their personal affidavits, justifying their action of arrest within three weeks. List in 2nd week of July, 2022,” the order reads.