GUNNASEELAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is preferred against the order of the, High Court of Madras dated 12-4-1991 made in Cr. M.P. No. 2994 of 1991 whereby the High Court dismissed the petition filed by the petitioner praying to set aside the Order passed by the Judicial Magistrate No. 1, Attur, Salem District who by his order dated 8-2-1991 rejected the application of the appellant seeking an order that the cow elephant seized from his possession be returned to his custody.

(3.) Heard the learned Counsel for both the parties. Admittedly, the Chief Wild-life Warden, Tamil Nadu, Coimbatore had issued a Certificate of Ownership (Form No. 13) in the first week of January, 1990 (i.e. 3-1-1990) certifying that Thiru S. Gunaseelam (appellant herein) has under his control/ custody or possession of a cow elephant named 'Easwari'.