Case Note & Summary
The Bombay High Court at Nagpur disposed of two criminal writ petitions filed under Article 227 of the Constitution of India, challenging the order dated 23.08.2022 passed by the Additional Sessions Judge-16, Nagpur, which dismissed the revision applications against the order dated 11.04.2022 of the Judicial Magistrate, First Class, Nagpur. The Magistrate had rejected the petitioners' prayer for handing over custody of seized animals in Crime Nos. 121/2022 and 111/2022 registered at Police Station Gittikhadan, Nagpur, for offences under Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960 and Sections 66 and 192 of the Motor Vehicles Act, 1988. The petitioners claimed ownership of the cattle seized during alleged illegal transportation. The High Court found that the courts below had not considered the possibility of granting interim custody with conditions. Allowing the petitions, the court set aside the impugned orders and directed that the seized cattle be handed over to the petitioners on their executing bonds and furnishing sureties, subject to conditions including producing the animals before the court as required, ensuring no cruelty, and maintaining proper shelter. The court emphasized that interim custody pending trial is permissible to protect the interests of both the claimants and the animals.
Headnote
A) Criminal Procedure - Interim Custody of Seized Animals - Section 11(1)(d) Prevention of Cruelty to Animals Act, 1960 - The petitioners claimed ownership of cattle seized in crimes registered for illegal transportation - The Magistrate and Sessions Judge rejected custody - The High Court held that pending trial, interim custody can be granted to the claimants subject to conditions ensuring welfare of animals and compliance with law - Held that the courts below failed to consider the possibility of granting custody with conditions (Paras 1-10). B) Animal Welfare - Conditions for Custody - Section 11(1)(d) Prevention of Cruelty to Animals Act, 1960 - The court directed that the seized cattle be handed over to the petitioners on executing bonds and furnishing sureties, with conditions that the animals be produced before the court as and when required, not be subjected to cruelty, and be kept in proper shelter - Held that such conditions balance the rights of the claimants and the welfare of the animals (Paras 11-15).
Issue of Consideration
Whether the courts below erred in rejecting the prayer for interim custody of seized cattle to the petitioners claiming ownership, pending trial for offences under the Prevention of Cruelty to Animals Act, 1960 and the Motor Vehicles Act, 1988.
Final Decision
The High Court allowed both writ petitions, set aside the orders dated 23.08.2022 and 11.04.2022, and directed that the seized cattle be handed over to the petitioners on their executing bonds and furnishing sureties, subject to conditions including producing the animals before the court as required, ensuring no cruelty, and maintaining proper shelter.
Law Points
- Interim custody of seized animals
- Section 11(1)(d) Prevention of Cruelty to Animals Act
- 1960
- Sections 66 and 192 Motor Vehicles Act
- 1988
- Article 227 Constitution of India
- Revision jurisdiction
- Conditions for custody
