Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Cruelty to Animals Act 1951 Gujarat Diseases of Animals Control Rules 1963: rr. 65 to 75. 1960: Section 35(2) Criminal Procedure Code 1973 S. 451 Bombay Police Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Bombay Police Act, 1951 (22 of 1951) Prevention of Cruelty to Animals Act, 1960 (59 of 1960) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Criminal Law :Prevention of Cruelty to Animals Act, 1960: Section 35(2). Animal-Custody of-During pendency of prosecution-Owner's right to-Held: Unless the owner of the animal is deprived of the custody consequent upon his conviction under the Act for the second time, he is not barred from claiming interim custody of the animal-S. 35(2) gives discretion to the Magistrate to give interim custody of the animal to a Pinjrapole-But in the event of not sending it to an infirmity the Magistrate is not bound to direct interim custody of the animal to a Pinjrapole-Criminal Procedure Code, 1973, S. 451-Bombay Police Act, 1951-Gujarat Diseases of Animals Control Rules, 1963-rr. 65 to 75. Animal-Interim custody of-During pendency of prosecution-To be given to owner or to the Pinjrapole-Detemzination of-Factors relevant laid , down-Further, mere offer of the Pinjrapole a Charitable organization, to keep the animals in Custody without charging any money for maintenance, not decisive-Especially, when there is competing claims of the owner and the Pinjrapole for their inte1im rnstody. Words and Phrases : "Shall be sent''-Meaning of-In the context of S. 35(2) of the Prevention of Cruelty to Animals Act, 1960.The respondent's animals were seized by the police for violation of the provisions of the Prevention of Cruelty to Animals Act, 1960, the Bombay Police Act, 1951 and Rules 65 to 75 of the Gujarat Diseases of Animals Control Act, 1963. The Judicial Magistrate directed that the custody of the animals be handed over to the appellant-Pinjrapole. However, the Additional Sessions Judge directed that the custody of the animals be given to the owner pending trial of the case. The High Court declined to interfere with the aforesaid order. Hence this appeal. |
Judge | Hon'ble Mr. Justice S.S.M. Quadri |
Neutral Citation | 1998 INSC 329 |
Petitioner | Manager, Pinjrapole Deudar And Anr. |
Respondent | Chakram Moraji Nat And Ors. |
SCR | [1998] Supp. (1) S.C.R. 198 |
Judgement Date | 1998-08-31 |
Case Number | 889 |
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