Delhi District Court
Darshan Singh vs State on 27 May, 2008
1
In the Court of Shri Sanjay Kumar Aggarwal,
Addl. Sessions Judge, Rohini Courts, Delhi
Crl.Rev. No.27/08
Darshan Singh
Vs.
State
P.S. Nangloi
U/s 429/511/120B
IPC
& 78 D.P. Act
& 11 D.P.C.A. Act.
ORDER
27.05.2008 Present: Ld. CPP for the State with IO-SI Om Prakash.
Shri Satish Kumar, Ld. Counsel for revisionist with revisionist in person.
Vide this order, I shall dispose of the present revision petition filed against the order dated 16.05.2008 passed by the Court of Ld. MM vide which the prayer of the revisionist for release of the cattles/buffaloes seized by the officials of S.P.C.A. was declined.
2. Briefly, the facts of the case are that the revisionist is facing allegations for which FIR u/s 429/511/120B IPC besides 78, D.P. Act and 11, D.P.C.A. Act was registered. The cattles/buffaloes were seized by the officials of S.P.C.A.
3. The prayer of the revisionist is that the S.P.C.A. have not been able to take proper care of the said seized animals and out of the said seized cattles, two of them have already expired since their seizure and the Ld. MM has rejected their applications for release of said cattles.
4. After hearing all the parties, at the outset, I may say that it Darshan Singh Vs. State 2 is very unfortunate that the society which is undertaking the prevention of cruelty to animals is not able to take proper care of the animals after its seizure. Unfortunately, two calves out of seized animals expired during the last 15 days even despite the fact that SGPC is stated to be having were having all facilities with medical care etc. for taking care of the seized animals. I have perused the Post Mortem report of one of the calves in which it is mentioned by Dr. Girish that the animal died due to sudden shock and post mortem report of the other calf reflects that he died in natural course. I am not been able to understand as to how a calf of six months of age can die in natural course. The Ld. MM is directed to hold inquiry into the matter and to take necessary action at his own end.
5. Keeping in view the overall circumstances, since the S.P.C.A are not able to take proper care of the seized animals, let the animals seized in the present case be handed over to their owner on furnishing superdarinama to the tune of Rs.50,000/- to the satisfaction of the IO/SHO.
7. This file be sent to the Court of Ld. MM though the Ld. ACMM and parties to appear before the Court of Ld. MM on 30.05.2008.
The revision petition stands disposed off. TCR be sent back with copy of this order and file of this Court of consigned to Record Room.
Announced in the Open Court on this 27th day of May, 2008. (Sanjay Kumar Aggarwal) Addl. Sessions Judge Rohini Courts, Delhi.