Case Note & Summary
The petitioner, Shaikh Zakir Shaikh Nasir, a businessman dealing in sale and purchase of animals, had 29 bullocks seized by Sindkheda Police Station on 13.11.2009 under CR No.19/2009 for alleged offences under Sections 11(d)(e)(f) of the Prevention of Cruelty to Animals Act, 1960 and Section 5(1)11 of the Maharashtra Animal Preservation Act, 1976. The petitioner filed Criminal Miscellaneous Application No.188/2009 before the Judicial Magistrate First Class, Sindkheda, seeking release of the animals under Section 457 of the Code of Criminal Procedure, 1973. The Magistrate, after hearing the State, allowed the application on 3.12.2009, directing release of the bullocks on execution of a Suprutnama bond of Rs. 1,50,000 and imposing certain conditions. The petitioner complied with the conditions, and the police issued a letter on 4.12.2009 to respondent No.2 (Navkar Gaushala Panjara Pole Dhule) to release the animals. However, respondent No.2 filed Criminal Revision Application No.225/2009 before the Adhoc Additional Sessions Judge, Dhule, who upheld the Magistrate's order on 14.12.2009. Aggrieved, the petitioner filed the present writ petition under Article 227 of the Constitution of India, seeking quashment of the Sessions Court's order and release of the cattle. The High Court heard the parties and found that the Magistrate's order was within jurisdiction and proper, and the Sessions Court had correctly upheld it. The High Court dismissed the petition, holding that there was no illegality or perversity in the impugned orders. The court noted that the petitioner had already complied with the conditions and the animals were to be released. The judgment was pronounced on 5.7.2010.
Headnote
A) Criminal Procedure - Interim Custody of Seized Property - Section 457 Code of Criminal Procedure, 1973 - Release of Seized Animals - The petitioner sought release of 29 bullocks seized under Sections 11(d)(e)(f) of Prevention of Cruelty to Animals Act, 1960 and Section 5(1)11 of Maharashtra Animal Preservation Act, 1976 - Magistrate allowed release on execution of Suprutnama bond of Rs. 1,50,000 with conditions - Sessions Court upheld the order - High Court found no illegality and dismissed the revision - Held that the Magistrate's order was within jurisdiction and proper (Paras 1-8).
Issue of Consideration
Whether the order of the Magistrate releasing the seized bullocks to the petitioner under Section 457 CrPC was legal and proper, and whether the Sessions Court erred in upholding that order.
Final Decision
The High Court dismissed the criminal writ petition, upholding the orders of the Magistrate and Sessions Court for release of the seized bullocks to the petitioner on conditions.
Law Points
- Interim custody of seized animals
- Section 457 CrPC
- Prevention of Cruelty to Animals Act
- 1960
- Maharashtra Animal Preservation Act
- 1976
- Suprutnama bond
- conditions for release
Case Details
2010 LawText (BOM) (07) 35
Criminal Writ Petition No.28/2010
Mrs. A.N.Ansari for petitioner, Mr. S. D. Kaldate APP for Respondent No.1, Shri Joydeep Chaterjee for respondent No.2
Shaikh Zakir Shaikh Nasir
The State of Maharashtra and Navkar Gaushala Panjara Pole Dhule
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Nature of Litigation
Criminal writ petition under Article 227 of Constitution of India challenging the order of Sessions Court upholding Magistrate's order releasing seized bullocks.
Remedy Sought
Petitioner sought quashment of the Sessions Court order and release of the seized 29 bullocks in his favour.
Filing Reason
The petitioner's bullocks were seized by police under allegations of cruelty and violation of animal preservation laws, and the petitioner sought their release under Section 457 CrPC.
Previous Decisions
The Judicial Magistrate First Class, Sindkheda allowed the application for release on 3.12.2009. The Adhoc Additional Sessions Judge, Dhule upheld that order on 14.12.2009 in Criminal Revision Application No.225/2009.
Issues
Whether the Magistrate's order releasing the seized bullocks under Section 457 CrPC was legal and proper.
Whether the Sessions Court erred in upholding the Magistrate's order.
Submissions/Arguments
Petitioner argued that he complied with all conditions imposed by the Magistrate and the police also issued a letter for release, but respondent No.2 opposed.
Respondent No.2 (Gaushala) argued against release, but the court found no merit in the revision.
Ratio Decidendi
The Magistrate's order under Section 457 CrPC for interim custody of seized property is within jurisdiction and proper when conditions are imposed to ensure production of the property. The Sessions Court correctly upheld such order, and no interference is warranted under Article 227.
Judgment Excerpts
Heard learned counsel for the parties.
Rule. Rule made returnable forthwith and with the consent of the parties, matter is taken up for final hearing.
By the present petition, filed under Article 227 of the Constitution of India, the petitioner prayed for quashment of the order passed by Adhoc Additional Sessions Judge1, Dhule in Criminal Revision Application No.225/2009 dated 14.12.2009 by releasing the cattle in favour of the petitioner and upholding the judgment passed in Criminal Miscellaneous Application No.188/2009 dated 3.12.2009 by the learned Judicial Magistrate First Class, Sindkheda.
Procedural History
On 13.11.2009, FIR No.19/2009 was registered against petitioner for offences under Prevention of Cruelty to Animals Act and Maharashtra Animal Preservation Act, and 29 bullocks were seized. Petitioner filed Criminal Misc. Application No.188/2009 under Section 457 CrPC on 27.11.2009. Magistrate allowed release on 3.12.2009 on bond of Rs. 1,50,000 with conditions. Respondent No.2 filed Criminal Revision No.225/2009 before Sessions Court, which was dismissed on 14.12.2009. Petitioner then filed Criminal Writ Petition No.28/2010 under Article 227, which was dismissed on 5.7.2010.
Acts & Sections
- Prevention of Cruelty to Animals Act, 1960: 11(d), 11(e), 11(f)
- Maharashtra Animal Preservation Act, 1976: 5(1)11
- Code of Criminal Procedure, 1973: 457
- Constitution of India: Article 227
