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The Gaushala contended that it is entitled to retain the custody of seized cattle just to prevent the animals from cruelty emphasizing if the truck has been released in favour of the truck owner in that event it would be again used for illegal transportation of the cattle
The Bombay High Court has recently rejected a petition filed by a Gaushala which sought to retain custody of buffaloes that were seized from illegal cattle transportation.
A single-judge bench of the high court comprising Justice YG Khobragade was hearing a petition filed by Maltidevi Mewalalji Jaiswalji Gaushala which was earlier granted interim custody of cattle.
In August 2023, police official Visarwadi Police Station in Nandurbar intercepted a vehicle carrying 14 buffaloes. The truck and cattle were seized while illegally transported to Malegaon. When the truck was confiscated the custody of cattle was granted to the Gaushala.
While the trial was ongoing the truck owners filed an application seeking release of the truck and cattle. In October 2023, the magistrate court released the truck and the cattle to the owners.
The Gaushala filed a plea before the Sessions Court challenging the magistrate court's order. However, in November 2023 the Sessions Court upheld the magistrate court order.
The Gaushala then filed an appeal against the order of the Sessions Court and approached the high court seeking to retain the custody of the cattle.
The Gaushala contended that it is entitled to retain the custody of seized cattle just to prevent the animals from cruelty emphasizing if the truck has been released in favour of the truck owner in that event it would be again used for illegal transportation of the cattle.
The truck and cattle owner contended that they were entitled to possessions as they were the owners. They added that they were ready to bear expenses for the maintenance of the cattle.
The bench upheld the order of the Sessions Court and noted that “Needless to say that, the learned Revisional Court passed the impugned order considering the provisions of Animals Welfare Laws including Rule 5 (5) of Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules 2016, and granted the custody of seized cattle and truck in favour of the respective owners, therefore, no perversity is found. Therefore, I am not inclined to interfere with the said findings. Accordingly, both the Petitions are dismissed,” the order reads.
Case title: Maltidevi Mewalalji Jaiswalji Gaushala vs State of Maharashtra
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