advanced on behalf of respondent No.2. Once it is found that
respondent No.2 is prima facie owner of the seized cattle and it has
also been found that on the parameters governing discretion for
release of custody of the seized articles or cattle under Section 457
Cr.P.C., respondent No.2 is entitled to the custody of the animals, the
Court cannot stand in between respondent No.2 and the animals on
the ground that trial is likely to be concluded in a shorter period of
time. Otherwise, it would only mean granting that relief quietly which
cannot be granted openly. That apart, as submitted by learned A.P.P.
for the State, statement of the seller of shebuffaloes is yet to be
recorded. This would mean that it cannot be said with any certainty
that trial of the case would be over very soon.
16. Having regard to the aspect of ownership as well as the
parameters governing discretion of the Court under Section 457
Cr.P.C., I am of the view that by and large the impugned order can be
seen to be in conformity with the law governing the discretionary
power under Section 457 Cr.P.C. and as such cannot be seen to be
perverse or arbitrary so as to warrant any interference in supervisory
jurisdiction of Article 227 of the Constitution of India. There is,
therefore, no merit in this petition and it deserves to be dismissed.
However, I find it necessary to stipulate certain additional conditions
as a precautionary measure. On recustody, all the animals shall be
released on supratnama of Rs.1,00,000/ (rupees one lac only) to
respondent No.2 subject to following conditions which will be read in
addition to the conditions imposed in the impugned order.
It is directed that respondent No.2 shall comply with the
conditions stated in Rule 47 and Rule 56 of the Prevention of
Cruelty to transport of Animals Rule, 1978 and shall produce
appropriate certificates/transport permits as required under
these Rules before the Court of J.M.F.C. before claiming
custody of the seized animals before the Magistrate, who is
taking cognizance of this case.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO. 790 OF 2014
Sarvodaya Goshala Charitable Trust Vs The State of Maharashtra
CORAM : S. B. SHUKRE, J.
DATED : 16th JANUARY, 2015.
Citation;2015 ALLMR(CRI)2599
