Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Cattle: Custody of property pending trial |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Cattle: Custody of property pending trial – A truck transporting 18 heads of cattle was intercepted – Driver of the truck was unable to provide satisfactory explanation about the relevant permits – Cattle were seized and FIR was registered for offences punishable u/ss. 5A, 6 of the Maharashtra Act, 11(1)(d) of PCA Act and other allied provisions – Respondents filed an application u/ ss. 451 and 457 Cr.PC seeking interim custody of the cattle on ground that they were the owners of the cattle – Magistrate rejected the application – At the same time, appellants (Gaushala) filed an application for interim custody u/s. 8(b) of PCA Act read with rules 3, 4 and 5 of the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 – Magistrate allowed the application by appellant and granted them custody of cattle – Sessions Judge allowed the revision filed by the private respondents and held that being the owners, they were entitled to the custody of the seized animals, subject to the execution of an indemnity bond for preservation of cattle – High Court upheld the order of the Sessions Judge by noting that there was no material to indicate that the cattle were physically harmed or that they were placed in danger or were being starved – Held : The proviso to s. 8(3) of the Maharashtra Act provides for handing over of the seized cow, bull, or bullock to the nearest gosadan, goshala, pinjrapole, hinsa nivaran sangh or such other animal welfare organization willing to accept such custody – Since the private respondents were prima facie carrying the cattle in cruel conditions without a valid permit, and appellant has shown its willingness to accept the interim custody of the cattle, Magistrate rightly concluded that the cattle would be safe in the custody of the appellant instead of the private respondents – Trial for offences under the Maharashtra Act must take place expeditiously and preferably within a period of six months to ensure that the animals do not continue to remain in custody for an indefinite period – Code of Criminal Procedure, 1973 – ss. 451 and 457 – Maharashtra Animal Preservation Act, 1976 – ss. 8, 6, 5A, 5B, 5C and 5D – Prevention of Cruelty to Animals Act, 1960 – ss. 11, 35 and 38 – Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 – rr. 3, 4 and 5 – Motor Vehicles Act, 1988 – s. 117 – Transport of Animal Rules, 1978. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud Hon'ble Ms. Justice Hima Kohli |
Neutral Citation | 2022 INSC 1045 |
Petitioner | Shri Chatrapati Shivaji Gaushala |
Respondent | State Of Maharashtra And Others |
SCR | [2022] 13 S.C.R. 1129 |
Judgement Date | 2022-09-30 |
Case Number | 1719 |
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