Friday 25 March 2022

Can the court direct the accused to pay money to maintain the seized cattle and keep the Truck as security?

 Considering the above rival contention and

perusal of the impugned order of the learned JMFC and

Judgment of the learned Sessions Court, it is apparent

that the question whether the animals which admittedly

were purchased for the purpose of trade by the

petitioner, were to be used for the purpose of sale,

slaughter or otherwise is a question which will have to

be determined by the learned JMFC during the trial of

the proceeding. It is admitted position that that animals

have been given in the custody of the respondent No. 2

and the respondent No. 2 is taking care of them. The

petitioner has not complied the direction of the learned

JFMC, by which the cost of maintenance of the animals

have been directed to be deposited. Rather on the

contrary, a plea is now sought to be raised for reduction

of the amount of maintenance from Rs. 200/- per day to

Rss 20/- per day which is contradictory to what has

been fixed as the minimum cost of maintenance as per

the Notification dated 27.02.2019 issued by the

Maharashtra Animal Welfare Board. Under Rule 5(4) of

Rules 2017, which are presently in force, in view of the

clarification of the Hon’ble Apex Court date 11.08.2017

in WP (C) No. 422, 419, 499, 497 of 2017, the vehicle

has to stand as security for the purpose of cost of

maintenance which admittedly has not been paid or

deposited by the petitioner. {Para 6}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CRIMINAL WRIT PETITION NO. 886/2021

Mohammad Rajik S/o Mohammad Akil Vs. State of Maharashtra & anr.

CORAM :- AVINASH G. GHAROTE, J.

DATED :- 10.03.2022

Heard Mr. Sk. Aabahatullah, learned counsel

for applicant and learned APP for respondent No.

1/State.

2. The petitioner seeks to challenge the order

dated 23.09.2021 passed by learned Judicial Magistrate

First Class, Pusad on an application under Section 457 of

the Code of Criminal Procedure seeking interim custody

of the cattle i.e. 16 bullocks and 3 calves and the vehicle

being TATA Truck No. MH-22/N-0750, seized by the

Police Station Khandala Tah. Pusad, Dist. Yavatmal in

Crime 243/ 2021, whereby the said application has been

rejected in so far as the bullocks and calves are concerned

and the petitioner is directed to execute the bond within

3 days from the date of the order as per Rule 5(1) of the

Prevention of Cruelty to Animals (Care & Maintenance of

Case Property Animals) Rules 2017 (for short ‘Rules

2017’) and in case the bond is not so executed, the

seized cattle shall stand forfeited to the objector. The

petitioner was also directed to pay a sum Rs. 200 per day

per cattle towards the daily maintenance of the seized

cattle and the truck was to be held as security as per the

provisions of Rule 5(4) Rules 2017. It was also further

directed that in case of failure to execute the bond or to

pay the amount towards the daily maintenance of seized

cattle, then in that case the local authority is directed to

undertake the costs involved and recover the same as

arrears of land revenue.

3. This order was challenged by the petitioner

before learned Sessions Court by way of revision, who by

judgment dated 20.10.2021 has dismissed the revision

holding that the order passed by the Learned JMFC ,

indicated proper exercise of discretion.

4. Th petitioner challenges the aforesaid orders

and contended that since the license was issued to the

petitioner as a broker by the APMC Murtizapur for sale

and purchase of the bullocks and calves, the petitioner

was entitled to deal in those animals. He however admits

that the amount as directed by the learned JMFC towards

maintenance of the seized cattle which has been placed in

the custody of the respondent No. 2, has not been

deposited, on the contrary, he claims the reduction of the

same amount to Rs. 20 per day per animal. He further

contends that all the animals were procured by him for

the purpose of agriculture and cultivation not for any

business or sale or for the purpose of slaughter. He

therefore submits that bullocks as well as the vehicle be

released in the custody of the petitioner.

5. Learned counsel for the respondent No. 2

vehemently opposes the petition and submits that the

impugned order does not require any interference. My

attention is invited to the Notification dated 02.07.2019

issued by the Maharashtra Animal Welfare Board. It is

contended that Rs. 200/- per day per animal is minimum

fixed by the Board as being required for proper

nourishment of the animal and therefore, the same

would govern the field and the learned JMFC has rightly

directed deposit of that amount for the purpose of

maintenance of the animal. Further relying upon Rule 5

(4) of the Rules 2017. He submits that in case such bond

is not executed for the cost of keeping the animals while

pending the litigation, the vehicle involved in the offence

has to be held as a security which has been so directed by

the Magistrate. It is also submitted that though by an

order dated 11.07.2017, the Hon’ble Apex Court had

noted that the Prevention of Cruelty to Animal

(Regulation of Live Stocks, Markets) Rules, 2017 and the

prevention of Cruelty to Animals (Care and Maintenance

of Case Property Animals) Rules, 2017 were stayed by the

Madurai Bench of the Madras High Court, however, by

subsequent order 11.08.2017, the direction contend in

the order 11.07.2017, in so far as the Rules 2017 were

vacated. In view thereof, it is contended that the said

Rules 2017 under which the order has been passed by the

learned JMFC are still in force. It is contended that the

intention of the petitioner not to maintain the animals, in

case they are handed to him is manifest by his seeking

reduction of the amount of maintenance from Rs 200/- to

Rs. 20/- as no animal can be maintained at that cost. It is

submitted that petition needs to dismissed.

6. Considering the above rival contention and

perusal of the impugned order of the learned JMFC and

Judgment of the learned Sessions Court, it is apparent

that the question whether the animals which admittedly

were purchased for the purpose of trade by the

petitioner, were to be used for the purpose of sale,

slaughter or otherwise is a question which will have to

be determined by the learned JMFC during the trial of

the proceeding. It is admitted position that that animals

have been given in the custody of the respondent No. 2

and the respondent No. 2 is taking care of them. The

petitioner has not complied the direction of the learned

JFMC, by which the cost of maintenance of the animals

have been directed to be deposited. Rather on the

contrary, a plea is now sought to be raised for reduction

of the amount of maintenance from Rs. 200/- per day to

Rss 20/- per day which is contradictory to what has

been fixed as the minimum cost of maintenance as per

the Notification dated 27.02.2019 issued by the

Maharashtra Animal Welfare Board. Under Rule 5(4) of

Rules 2017, which are presently in force, in view of the

clarification of the Hon’ble Apex Court date 11.08.2017

in WP (C) No. 422, 419, 499, 497 of 2017, the vehicle

has to stand as security for the purpose of cost of

maintenance which admittedly has not been paid or

deposited by the petitioner.

7. Considering above all these facts, I am not

inclined to interfere in the well reasoned order of the

learned JMFC and the Judgment of learned Sessions

Court, considering which I do not find any merit in the

petition and accordingly stands dismissed.

(AVINASH G. GHAROTE, J)


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