Case Note & Summary
The petitioner, Sarvodaya Goshala Charitable Trust, a registered goshala, filed four criminal writ petitions challenging an order dated 22/9/2014 passed by the Judicial Magistrate, First Class, Wardha in Misc. Criminal Application No. 453 of 2014 arising out of Crime No. 3068 of 2014. The crime was registered for offences under Section 11 of the Prevention of Cruelty to Animals Act, 1960 read with Section 119 of the Bombay Police Act and Sections 83 and 177 of the Motor Vehicles Act. The Magistrate had released the custody of 13 she-buffaloes to respondent No. 2, one of the accused persons. The petitioner trust, through its President Vasant Annaji Panchbhai, contended that the Magistrate erred in releasing the animals to the accused without considering that the trust was a registered goshala willing to take custody and provide proper care. The State of Maharashtra and the accused respondents opposed the petitions. The High Court, presided by Justice S. B. Shukre, heard the matter and allowed the petitions, quashing the Magistrate's order. The Court held that the Magistrate failed to appreciate the object of the Prevention of Cruelty to Animals Act, 1960, which aims to prevent cruelty and ensure welfare of animals. The Court directed that the custody of the 13 she-buffaloes be given to the petitioner trust, subject to conditions including producing the animals before the trial court as required, not transferring them outside the jurisdiction, and maintaining proper records. The Court also directed the trial court to expedite the trial.
Headnote
A) Criminal Procedure - Interim Custody of Seized Animals - Section 451, 457 CrPC - Prevention of Cruelty to Animals Act, 1960 - The Magistrate released 13 she-buffaloes to the accused despite the petitioner trust being a registered goshala willing to take custody - The High Court held that the Magistrate failed to consider the object of the Act and the suitability of the trust, and directed custody to be given to the petitioner trust subject to conditions (Paras 3-12).
Issue of Consideration
Whether the Magistrate was correct in releasing the custody of seized she-buffaloes to the accused instead of the petitioner trust, and what are the principles governing interim custody of animals under the Prevention of Cruelty to Animals Act, 1960.
Final Decision
The High Court allowed the petitions, quashed the Magistrate's order dated 22/9/2014, and directed that the custody of the 13 she-buffaloes be given to the petitioner trust subject to conditions: producing animals before trial court as required, not transferring outside jurisdiction, maintaining proper records, and the trial court to expedite the trial.
Law Points
- Interim custody of animals seized in cruelty cases
- registered goshala's right to custody
- Section 11 Prevention of Cruelty to Animals Act 1960
- Section 451 CrPC
- Section 457 CrPC
