In Krushi Goseva Sangh's case (supra), this Court has observed that section 6 of the Maharashtra Animal Preservation Act imposes restrictions on slaughter of scheduled animals and offence punishable under the Act is declared as cognizable by section 10. It is further held that the animal which is the subject of crime can safely be held to be the "property" regarding which offence is committed and recourse can be taken to section 451 of the Criminal Procedure Code for seeking a direction from the Competent Court of law for the custody and disposal of the property pending trial. The order should be for preservation and protection of cows and scheduled animals and not for their slaughter or destruction. This Court further observed thus:
It is now well settled that what is directly forbidden cannot be indirectly permitted. The observations and guidelines of High Court in W.P. No. 714 of 1986 decided on 12.8.1996, Ejaz Ahmed vs. State of Maharashtra should be kept in view while passing an order under section 451. If Organizations like Goseva Sangh or the Panjarapole come forward for taking responsibility of preservation and protection of cattle, then they should be preferred but before handing over the custody to any person or institution, the Court should ascertain whether they would be able to make adequate arrangements for maintenance, preservation and protection of cattle....
Equivalent Citation: 2012BomCR(Cri)469
IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)
Criminal Application No. 121 of 2011
Decided On: 27.07.2011
Go-Vigyan Anusandhan Kendra Vs. State of Maharashtra & Anr.
Hon'ble Judges/Coram:
A.P. Bhangale, J.
