Indian Kanoon - Search engine for Indian Law

Hon'ble R.C. Khulbe, J.

Ramesh Ranganathan, C.J. (Oral) By an order of this Court dated 3rd August, 2018, the Chief Wildlife Warden, through the concerned DFOs, was directed to issue notices to the owners of the elephants to explain under what law they were using the elephants commercially, including joyrides in breach of the Wildlife Protection Act, 1972 and the Prevention of Cruelty to Animals Act, 1960. While banning commercial use of elephants in the entire State of Uttarakhand until further orders, including joyrides /rides by owners of resorts, the Division Bench directed the Chief Wildlife Warden, through the DFOs, to take over possession of elephants from their owners, by issuing them proper receipt for their treatment, medical examination and proper upkeep, within 24 hours. The elephants were directed to be temporarily kept at Rajaji National Park, Chilla, and the injured / maimed elephants were directed to be attended to by the Veterinary Doctors within 12 hours from the date of the order.

2. The present review petitioner claims to be the owner of elephant "Hema" which he contends was always hale and healthy.

3. The medical report, referred to in the proceedings of the Divisional Forest Officer, Ramnagar dated 08.08.2018, records that the mucous membrane of the said elephant was pink in colour; the body condition was good; no abnormality was detected in the eyes and adnexa; foot pad was in a good condition; a vertical toe nail crack was noticed in the left fore-foot; and no other visible abnormality was observed.

4. While Sri C.K. Sharma, learned counsel for the petitioner, would submit that the pink coloured mucous membrane, and the vertical toe nail crack, indicated that the elephant was not hale and healthy, Sri A.S. Rawat, learned Senior Counsel appearing on behalf of the review petitioner, would submit that the report disclosed that the elephant was hale and healthy. The counter- affidavit dated 3rd January, 2019, filed by the Divisional Forest Officer, records that the Veterinary Doctor of the Forest Department had fully examined the elephant "Hema", which was in their custody, and a true copy of the medical fitness certificate was being filed. The said affidavit also states that an ownership certificate had been issued in the review petitioner's favour by the Chief Wildlife Warden, Lucknow in the year 2007. The enclosed medical certificate records that the said elephant was medically examined on 02.01.2019, and was found to be apparently normal in mental and physical health.

6. We consider it appropriate, therefore, to permit the review petitioner to submit an application before the Magistrate concerned seeking release of the elephant. On such an application being filed the concerned learned Magistrate shall consider relieving the elephant in the review petitioner's favour, subject to such conditions as he may choose to impose, after satisfying himself of the genuineness of the ownership certificate; and whether the said elephant belongs to the review petitioner.