Bombay High Court
Poona Panjarpol Trust Through ... vs The State Of Maharashtra And Anr on 10 October, 2023
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION (ST) NO.18999 OF 2023
Poona Panjarpol Trust .... Petitioner
versus
The State of Maharashtra & Anr. .... Respondents
.......
• Ms. Darshika Vasani i/b. Neelam Yadav, Advocate for Petitioner.
• Mr. Arfan Sait, APP for the State/Respondent.
CORAM : SARANG V. KOTWAL, J.
DATE : 10th OCTOBER, 2023
P.C. :
1. The Petitioner has challenged the order dated
26/09/2023 passed by the Judicial Magistrate First class,
Vadgaon Maval, in Criminal Miscellaneous Application No.556
of 2023. By the impugned order, the animals i.e. three bulls
were directed to be given in custody of the Respondent No.2
herein. The prosecution case is that on prior information, a
tempo was intercepted on 19/08/2023 at about 10.20 p.m.
There were three bullocks in the tempo. The driver did not
produce any documents for transporting those animals. They
Nesarikar
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were being carried in a cruel manner. On this basis, the FIR was
lodged under the provisions of The Animal Protection Act 1995,
The Prevention of Cruelty to Animals Act 1960 and The Animal
Traffic Act 1960.
2. The animals were taken in custody by the police.
Today, the learned APP on instructions states that those three
animals are given in custody of the present Petitioner on
20/08/2023. Since then they are in custody of the present
Petitioner.
3. Learned counsel for the Petitioner submitted that when
the Respondent No.2's application for taking the custody of the
animals was decided by the learned Magistrate, the Petitioner
should have been heard, because the animals were in their
custody. The order was passed without hearing them. The
offence is serious. Even the police had opposed the return of the
animals to the Respondents. Learned counsel for the Petitioner
submitted and the learned APP also accepted that the police are
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in the process of taking custody of those animals pursuant to the
order passed by the learned Magistrate.
4. . In this situation, it is necessary to stay the impugned
order.
5. Hence, the following order :
ORDER
(i) Issue notice to the Respondents returnable on 26/10/2023.
(ii) Till then the impugned order is stayed by way of ad-interim relief.
(iii) Stand over to 26/10/2023.
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