Case Note & Summary
The applicant, Bhartiya Govansh Rakshan Sanvardhhan Parishad, a registered trust engaged in animal welfare and prevention of illegal slaughter, filed an application challenging two orders dated 17.06.2017 passed by the learned Metropolitan Magistrate, 62nd Court, Dadar, under Section 451 of the Code of Criminal Procedure, 1973. The orders rejected the applicant's claim for interim custody of 45 goats seized in connection with FIR No. 102 of 2017 and FIR No. 184 of 2017 registered at Worli Police Station under Section 429 IPC. The applicant contended that it is a law-abiding organization following legal procedures and that the goats were seized during alleged illegal transportation for slaughter. The applicant sought custody to ensure the welfare of the animals pending trial. The respondents, including the State, Municipal Corporation, and private individuals, opposed the application. The High Court examined the provisions of Section 451 CrPC and the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017. The court noted that the applicant is a registered trust with the object of preventing cruelty to animals and has standing to seek custody. The court held that the welfare of the animals is paramount and that the Magistrate's order rejecting custody was not proper. The court allowed the application, directing that the 45 goats be handed over to the applicant on conditions including furnishing an undertaking to produce the animals before the trial court as required and ensuring their proper care. The court set aside the impugned orders and disposed of the application.
Headnote
A) Criminal Procedure - Interim Custody of Seized Property - Section 451 Code of Criminal Procedure, 1973 - Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 - The applicant, a registered trust for animal welfare, challenged the Magistrate's order rejecting its claim for interim custody of 45 goats seized in two FIRs. The High Court held that the trust, being a registered body with the object of preventing cruelty to animals, has locus standi to seek custody. The court directed that the goats be handed over to the applicant on certain conditions, including furnishing an undertaking and producing the animals as required. (Paras 1-20) B) Animal Welfare - Standing of Third Party - Section 451 CrPC - The court considered whether a third party not the owner can seek interim custody of seized animals. Relying on the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017, the court held that the welfare of animals is paramount and that recognized animal welfare organizations can be entrusted with custody. (Paras 15-18) C) Criminal Procedure - Conditions for Interim Custody - Section 451 CrPC - The court set aside the Magistrate's order and allowed the application, directing the applicant to furnish an undertaking to produce the goats before the trial court as and when required, and to ensure their proper care and maintenance. (Para 20)
Issue of Consideration
Whether the applicant, a registered animal welfare trust, is entitled to interim custody of 45 goats seized in connection with two FIRs under Section 429 IPC, and whether the Magistrate's order rejecting such custody was proper.
Final Decision
The High Court allowed the application, set aside the impugned orders dated 17.06.2017, and directed that the 45 goats be handed over to the applicant on conditions including furnishing an undertaking to produce the animals before the trial court as and when required and ensuring their proper care and maintenance.
Law Points
- Interim custody of seized animals
- Section 451 CrPC
- Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules
- 2017
- welfare of animals
- registered trust
- standing to seek custody
