The Bombay High Court at Aurangabad has upheld the trial court order granting custody of 14 buffaloes seized during cattle trafficking to their rightful owner.
The order was recently passed by the single-judge Bench of Justice YG Khobragade, while dismissing a petition filed by the management committee of the Maltidevi Mewalalji Jaiswalji Gaushala, which had earlier been granted interim custody of the seized cattle.
The High Court, while referring to the provisions of the Prevention of Cruelty to Animal Act, 1960, Section 457 of the Criminal Procedure Code and the law laid down by the Supreme Court in this regard, ruled that granting custody to the truck and cattle owners did not appear to be illegal and bad in law.
The rightful owners of the cattle and the truck involved in the crime were entitled to possession of their property during the ongoing trial, it added.
As per the case, on August 28, 2023, a police officer from Visarwadi Police Station in Nandurbar seized an Eicher truck for illegally transporting 14 buffaloes from Taloda to Malegaon without the necessary permit.
The interim custody of the cattle was granted to the Gaushala, while the truck was confiscated.
Cattle owner Ganpatbhai Pratapbhai Thakare and truck owner Shabirbhai Kasambhai Sindhi filed separate applications under Section 457 CrPC, seeking custody of their respective property during the trial.
On October 17, 2023, the Judicial Magistrate First Class of Navapur, Nandurbar, released both the cattle and the truck to their owners, subject to the condition that they bear the maintenance costs of the cattle.
Operating under the Amar Asha Multipurpose Society, the Gaushala then moved the Additional Sessions Judge in Nandurbar, challenging the Magistrate’s decision.
On November 7, 2023, the Additional Sessions Judge upheld the magistrate’s order and confirmed the release of the cattle & the truck to their rightful owners.
Appearing for the Gaushala before the High Court, Advocate Ajay T Kanawade cited a Supreme Court ruling, which had previously granted the custody of cattle to a Gaushala for the welfare of the rescued animals.
He contended the Gaushala should be allowed to retain custody of the cattle to prevent cruelty and ensure that the truck would not be used again for illegal transportation.
The owners of the cattle and the truck contended that they had legal right to possess their property. The owner of the cattle further assured the Court that he would bear the costs of maintaining the cattle.
After hearing arguments from both the parties, the High Court upheld the orders passed by the Magistrate and the Sessions Court.