The Aurangabad bench of the Bombay High Court on Thursday dismissed two criminal petitions filed by Maltidevi Mewalalji Jaiswalji Gaushala, challenging the release of seized cows and their owner’s truck in a case of alleged illegal cattle smuggling.
Justice YG Khobragade ruled that the legal owners of the 14 buffaloes and the truck, which were seized during the incident, have the right to be found during the trial.
The case began on August 28, 2023, when a constable of Visarwadi police station intercepted a truck in Nandurbar village of Bhadwad. A vehicle was found transporting buffaloes without permits, raising concerns about cruelty and illegal transportation when slaughtered. Following the seizure, the animals were temporarily placed under the care of the gaushala.
Truck owner Shabirbhai Kasambhai Sindhi and cattle owner Ganpatbhai Pratapbhai Thakare later applied for custody of their property. The Judicial Magistrate at Navapur ordered the release of the cattle and trucks on October 17, 2023, on the promise of the owners, a decision approved by the Additional Sessions Judge at Nandurbar on November 7, 2023.
Gaushala denied the orders, saying that returning the truck would lead to other illegal activities and that keeping animals is important to prevent cruelty. They cited the Supreme Court decision in Chatrapati Shivaji Gaushala v State of Maharashtra to support their claim.
However, Justice Khobragade noted that both owners proved proper ownership and agreed to comply with the terms of care. Citing Section 457 of the CrPC, and the Prevention of Cruelty to Animals Act, 1960, and its 2016 rules, he confirmed that magistrates have the authority to determine custody based on ownership and custodial obligations.
Finding no legal error in the decisions of the lower courts, Justice Khobragade dismissed the appeals and emphasized the requirement that the owners keep the confiscated property until the end of the proceedings.
Source link