74. Powers with regard to offences under Act XI of 1890 [and corresponding laws] [These words were added, by Bombay 34 of 1959, section 26 (2).].
- When in respect of an animal an offence under section 3 or section 5 or [*] [These words, brackets, and figures 'sub-section (1) of were deleted by Bombay 21 of 1954, section 3 Second Schedule.] section 6 of the Prevention of Cruelty to Animals Act, 1890 (XI of 1890) [or under section 3 or 5 or 6 of that Act] [This portion was substituted for the words and figures 'hereinafter in this section and in sections 75 and 77 referred to as `the said Act' by Bombay 34 of 1959, section 26(1).] as in force in the Saurashtra area of the [State of Gujarat] [These words were substituted for the words 'State of Bombay' by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] [*] [The words and figures 'or under section 3, 4, or 5 of the Prevention of Cruelty to Animals Act' were deleted ibid by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] has been committed, or, when there is reasonable ground for suspecting that such offence has been committed, a Police Officer may-(a)take the animal to a Magistrate, or(b)if the accused person so requires take the animal to a veterinary officer, if any, empowered by the State Government in this behalf, or(c)take the animal to an infirmary appointed under [sub-section (1) of section 6B] [These words, brackets and figures were substituted for the 'sub-section (2) of section 6', by Bombay 21 of 1954, section 3, Second Schedule.] of the said Act for treatment and detention, therein, pending direction of a Magistrate under [sub-sections (2) and (3)] [These words, brackets and figures were substituted for 'sub-section (3)', by Bombay 21 of 1954, section 3, Second Schedule, See also Act 59 of 1960.] of the said Section, or,(d)when the animal is in such a physical condition that it cannot be taken to a veterinary office or a Magistrate, draw up a report of the condition of the animal in the presence of two or more respectable persons describing such wounds, sores, fractures, bruises or other marks of injury as may be found on the body of the animal:Provided that in cases falling under clause (b) or (d) the Police officer may direct that the animal shall be sent for detention in a dispensary or any suitable place approved by the State Government by general or special order and be there detained until its production before a Magistrate:Provided further that an animal so detained shall be produced before a Magistrate with the least possible delay and within a period not exceeding three days from the date on which it was sent for detention and shall be handed over to its owner unless the Magistrate passes an order for its further detention in an infirmary.
