Bombay High Court rejects gaushala's plea for custody of cattle seized in illegal transportation case

The Bombay High Court at Aurangabad recently dismissed a petition filed by a Nandurbar-based Gaushala seeking to retain custody of 14 buffaloes that were seized in connection with a case of illegal cattle transportation. [Maltidevi Mewalalji Jaiswalji Gaushala v State of Maharashtra].Justice YG Khobragade ruled that the rightful owners of the cattle and the truck involved in the crime were entitled to possession of their property during the ongoing trial."Considering provisions of Prevention of Cruelty to Animal Act, 1960, Sec. 457 of Criminal Procedure Code., as well as law laid down by the Hon’ble Apex Court cited therein, the custody of seized cattle and truck are given in favour of the owners, which does not appear to be illegal, bad in law," the Court said.Hence, it rejected the plea filed by Maltidevi Mewalalji Jaiswalji Gaushala which had earlier been granted interim custody of the seized cattle. .The case arose on August 28, 2023 when a police officer from Visarwadi Police Station in Nandurbar intercepted an Eicher truck carrying 14 buffaloes. The truck parked near the village of Bhadwad was found to be transporting the cattle illegally from Taloda to Malegaon without the necessary permit. As a result, both the cattle and the truck were seized. The interim custody of the cattle was granted to Maltidevi Mewalalji Jaiswalji Gaushala while the truck was confiscated.Subsequently, the owners of the cattle and the truck filed separate applications under Section 457 of the Code of Criminal Procedure seeking custody of their respective property during the trial. .The cattle owner Ganpatbhai Pratapbhai Thakare and truck owner Shabirbhai Kasambhai Sindhi argued that they were the rightful owners. On October 17, 2023, the Judicial Magistrate First Class, Navapur, Nandurbar, released both the cattle and the truck to their owners subject to the condition that they bear the maintenance costs of the cattle.The Gaushala, operating under the Amar Asha Multipurpose Society, then approached the Additional Sessions Judge in Nandurbar, challenging the Magistrate's decision. On November 7, 2023, the Additional Sessions Judge upheld the magistrate’s order and confirmed the release of the cattle and the truck to their rightful owners..The Gaushala then moved the Bombay High Court.They argued that they should be allowed to retain custody of the cattle to prevent cruelty and to ensure that the truck would not be used again for illegal transportation. They also cited a Supreme Court ruling that had previously granted custody of cattle to a Gaushala for the welfare of the rescued animals. On the other hand the owners of the cattle and truck contended that they have legal right to possess their property. The owner of the cattle assured the Court that he would bear the costs of maintaining the cattle. After considering both sides, the Court agreed with the findings of the Magistrate and the Sessions Court and dismissed the plea..Advocate Ajay T Kanawade appeared for the Gaushala.Additional Public Prosecutor VM Jaware appeared for the State.Advocate Vakil Afzal Husain M appeared for the truck owner..[Read Order]