‘Procedural lapses’: Gujarat HC suspends 7-year jail sentence of woman for possession of beef
Court also considers “inconsistencies in the FSL report, unexplained delay in lodging FIR, and lack of independent corroboration”; grants bail to applicant
The Gujarat High Court on Monday suspended a seven years of rigorous imprisonment awarded to a woman applicant in a case lodged under the Gujarat Animal Preservation Act for possessing six kilograms of beef during a raid in July 2023, considering submissions pointing at inconsistencies in the Forensic Science Laboratory report, procedural lapses, delayed FIR and disposal of the muddamal of beef samples by the police in violation of the provisions of the Act.
The Gujarat HC also granted conditional bail to the woman applicant for the time that her appeal against the conviction is disposed of.
The convict, Mahemuda Hayat, moved an application before the High Court seeking suspension of the November 4, 2025 sentence handed out by the Additional Sessions Judge of Dahod for offences under the Gujarat Animal Preservation Act. Hayat was sentenced to seven years rigorous imprisonment and a fine of Rs 1 lakh was imposed on her in a case lodged on July 8, 2023, two days after a raid was carried out at a house where the applicant was found in possession of six kilos of beef.
The Interlocutory Application order of the HC order noted submissions of the applicant that the FSL report dated July 7, 2023, shows “inconsistencies” with two out of the three samples declared to be of “cow progeny and one of buffalo progeny” while the FIR was lodged on July 8, 2023. The applicant also contended that the muddamal was “disposed of without permission from the magistrate in violation of Rule 4(a)(3) of the Gujarat Animal Preservation Rules”.
The court considered the submissions of the applicant’s lawyer, Altaf Charkha that “there are serious procedural lapses, including that the muddamal was brought to the police station before sampling, the panchnama is doubtful as the witnesses do not fully corroborate each other and one panch witness deposed that he signed it at the police station suggesting it was prepared later…”
The applicant also submitted that the ownership of the house where the raid was carried out was not ascertained by the police.
The applicant also submitted that “the alleged raid conducted on July 6, 2023, is highly questionable as the station diary entry regarding the raid was made only after conducting the raid and the ownership of the house was not established and no independent witnesses were examined despite the recovery being from a crowded locality, leaving the entire case dependent solely on police witnesses”.
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Additional Public Prosecutor, CM Shah, submitted that the role and involvement of the applicant had been “established beyond reasonable doubt” and prayed for the application to be rejected.
Justice S V Pinto, in an interlocutory order on Monday observed that “…serious procedural irregularities, inconsistencies in the FSL report, unexplained delay in lodging the FIR, and lack of independent corroboration, which cast grave doubt on the prosecution case.”
Citing precedents in matters of suspending sentences “so as to make the appeal right, meaningful and effective”, the HC, in the oral order, further said, “In these circumstances, the sentence imposed by the learned trial court prima facie cannot be sustained… The order of execution of the sentence in the judgment… is suspended during pendency of the criminal appeal and the applicant is ordered to be released on bail on furnishing personal bond of Rs.10,000/-with one surety of the like amount to the satisfaction of the trial court…”
Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues.
Expertise:
Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including:
Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground.
Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure.
Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case).
Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions.
Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More
