Case Note & Summary
The petitioner, Goushala Pashupalan Bahuuddeshiya Sanstha, a registered public trust and pinjrapole (animal shelter), challenged an order dated 28-03-2018 passed by the Judicial Magistrate First Class, Nagpur, which granted custody of 18 cattle to respondent no.2, the alleged owner and accused in an FIR under the Prevention of Cruelty to Animals Act, 1960 and the Motor Vehicles Act, 1988. The FIR was registered on 16-02-2018, alleging that the cattle were being transported in a cruel manner in violation of Rule 56(c) of the Transport of Animals Rules, 1978, which permits transport of only up to six animals. The police initially handed over custody of the cattle to the petitioner trust. Both the petitioner and respondent no.2 moved applications for custody before the Magistrate. The Magistrate allowed respondent no.2's application and dismissed the petitioner's, holding that respondent no.2, as owner, was entitled to custody and that Section 29 of the Act would apply only after conviction. The petitioner filed a writ petition in the Bombay High Court, Nagpur Bench. The High Court issued an ad-interim stay on 09-04-2018, continuing custody with the petitioner. Respondent no.2 was served but did not appear. The court considered the scope of Section 29 of the Prevention of Cruelty to Animals Act, 1960, which empowers the court to deprive an owner of custody if there is a prima facie case of cruelty, to prevent re-offending. The court held that the Magistrate erred in limiting Section 29 to post-conviction scenarios; the provision applies at the FIR stage itself. The court noted that the petitioner is a registered pinjrapole and thus suitable for custody. The court set aside the Magistrate's order and directed that custody of the 18 cattle remain with the petitioner trust pending trial, subject to conditions including production of the cattle as required and not transferring them outside the court's jurisdiction. The petition was allowed.
Headnote
A) Criminal Law - Prevention of Cruelty to Animals - Custody of Animals Pending Trial - Section 29 of the Prevention of Cruelty to Animals Act, 1960 - The court held that Section 29 of the Act applies even at the stage of FIR, not only after conviction, to prevent the owner from re-offending. The Magistrate erred in holding that the provision would apply only after conviction. The court directed that custody of the 18 cattle be handed over to the petitioner trust (a registered pinjrapole) pending trial, subject to conditions. (Paras 6-8) B) Criminal Law - Prevention of Cruelty to Animals - Transport of Animals - Rule 56(c) of the Transport of Animals Rules, 1978 - The FIR alleged that 18 cattle were being transported in a cruel manner in violation of Rule 56(c), which permits transport of only up to six animals. The court noted that this prima facie indicated cruelty, justifying the application of Section 29 of the Act. (Paras 3, 6) C) Criminal Law - Prevention of Cruelty to Animals - Pinjrapole - Section 29 of the Prevention of Cruelty to Animals Act, 1960 - The court held that a registered pinjrapole or animal shelter is entitled to custody of animals pending trial if there is a prima facie case of cruelty, as the owner's right to custody is not absolute and must yield to the welfare of the animals. (Paras 6-8)
Issue of Consideration
Whether the Magistrate was justified in granting custody of cattle allegedly transported in a cruel manner to the owner (respondent no.2) instead of the petitioner trust (a registered pinjrapole), and whether Section 29 of the Prevention of Cruelty to Animals Act, 1960 applies at the stage of FIR or only after conviction.
Final Decision
The High Court allowed the writ petition, set aside the Magistrate's order dated 28-03-2018, and directed that custody of the 18 cattle remain with the petitioner trust pending trial, subject to conditions including production of cattle as required and not transferring them outside the court's jurisdiction.
Law Points
- Custody of animals pending trial
- Section 29 Prevention of Cruelty to Animals Act 1960
- Pinjrapole or animal shelter
- Transport of Animals Rules 1978 Rule 56(c)
- Prima facie case of cruelty
- Owner's right to custody not absolute
