
Ahmedabad:The Gujarat High Court has suspended the seven-year jail sentence awarded to a woman convicted under the Gujarat Animal Preservation Act for allegedly possessing beef, citing serious procedural lapses, inconsistencies in forensic evidence, and violations of statutory rules by the investigating agency.
The court granted the woman conditional bail pending disposal of her appeal, observing that the case raised substantial doubts about the manner in which evidence was collected and handled.
Conviction by Trial Court
The case pertains to Mehmuda Hayat, who was sentenced on November 4, 2025, by a court in Dahod district to seven years of rigorous imprisonment and a fine of ₹1 lakh. The conviction followed a police raid conducted on July 6, 2023, during which six kilograms of alleged beef was recovered from her possession.
Forensic Report Raises Questions
While hearing the appeal, the High Court took note of inconsistencies in the Forensic Science Laboratory (FSL) report. Of the three samples examined, two were identified as belonging to cow progeny, while one was found to be buffalo progeny, raising questions about the prosecution’s claim.
The defence also highlighted that the FIR was registered on July 8, 2023, two days after the alleged raid, without a satisfactory explanation for the delay.
Violation of Preservation Rules
Advocate Altaf Charkha, appearing for the petitioner, argued that the police had disposed of the seized meat samples without obtaining prior permission from a magistrate, in violation of Rule 4(a)(3) of the Gujarat Animal Preservation Rules.
He further submitted that the samples were allegedly brought to the police station before the panchnama was drawn, casting serious doubt on the authenticity of the seizure process.
Doubts Over Panchnama and Witnesses
The court was also informed that panchnama witnesses gave contradictory statements, with one witness admitting that he had signed the document at the police station, suggesting that the panchnama may have been prepared later.
Additionally, despite the raid taking place in a densely populated area, no independent witnesses were examined, and the prosecution relied entirely on police witnesses.
Ownership of Premises Not Verified
The defence also pointed out that the police failed to verify the ownership of the premises where the raid was conducted. It was argued that the station diary mentioned the raid only after it had already taken place, further weakening the prosecution’s case.
Taking these factors into account, the Gujarat High Court concluded that a prima facie case for suspension of sentence was made out and granted bail to the woman with conditions, pending final adjudication of her appeal.
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