Case Note & Summary
The case involved three Criminal Writ Petitions filed by the Shri Siddeshwar Shivmandir Trust challenging the orders of the Revisional Court regarding the custody and maintenance of cattle. The petitioner-Trust sought to contest the judgment dated 09/06/2026, which directed the temporary custody of the bullocks to be handed over to the respondents-owners upon execution of an indemnity bond of Rs.1,20,000/- and a maintenance charge of Rs.100/- per day per animal. The petitioner argued that the amount for maintenance should be Rs.200/- per day as per the guidelines issued by the Maharashtra Animal Welfare Board. The respondents-owners contended that the maintenance charges should be based on reasonable costs rather than arbitrary claims. The court analyzed the provisions of the Prevention of Cruelty to Animals Act, 1960, particularly Section 35, which allows for discretion in determining maintenance costs. The court noted that the Revisional Court had found the maintenance charge of Rs.100/- to be reasonable and justified, especially since the petitioner-Trust had failed to provide adequate evidence for their claims. The court ultimately dismissed the petitions, affirming the Revisional Court's decision and directing the petitioner-Trust to hand over the cattle to the respondents-owners within 15 days upon their depositing the maintenance amount. The police were instructed to prepare a panchanama for the custody transfer, ensuring the animals' proper care and health.
Headnote
A) Animal Welfare - Maintenance Charges - Reasonable Maintenance Amount - Prevention of Cruelty to Animals Act, 1960, Section 35 - The Revisional Court imposed a maintenance charge of Rs.100/- per day per animal, which was deemed reasonable under the circumstances, considering the discretion allowed to the Magistrate. The petitioner-Trust's claim for Rs.200/- or Rs.300/- was unsupported by adequate reasoning or evidence. Held that the Revisional Court's decision was justified (Paras 12-13).
Issue of Consideration
Whether the Revisional Court erred in imposing a maintenance charge of Rs.100/- per day per animal instead of Rs.200/- as per the guidelines.
Final Decision
The Criminal Writ Petitions were dismissed. The petitioner-Trust was directed to hand over the custody of the cattle to the respondents-owners within 15 days upon their depositing Rs.100/- per day per animal from the date of custody until the judgment date. The police were instructed to prepare a panchanama for the custody transfer.
Law Points
- Prevention of Cruelty to Animals Act
- 1960
- maintenance of animals
- indemnity bond
- discretion of Magistrate
- statutory guidelines
