MANAGER PINJRAPOLE DEUDAR Vs. CHAKRAM MORAJI NAT

JUDGEMENT

(1.) Leave is granted.

(2.) These three appeals are filed by the Manager, Pinjrapole against the common judgment of the High Court of Gujarat dated April 8, 1997. The short question that arises for consideration in these appeals is:whether the order of the High Court declining to grant interim custody of the animals to the appellants is contrary to Section 35 of the Prevention of Cruelty to Animals Act, 1960.

(3.) The facts giving rise to this question may be noticed here. While the sheep and goats (hereinafter referred to as "animals") were being transported, the Gujarat Police seized them for the alleged violation of provisions of the Prevention of Cruelty to Animals Act, 1960 (for short, the Act), Bombay Police Act and Rules 65 to 75 of the Gujarat Diseases of Animal Control Rules, 1963. It is a common ground that the offences alleged are non-cognizable. The learned Judicial Magistrate, 1st Class, Dhanera, on their production before him, directed that the custody of the animals be handed over to the Pinjrapole. Dissatisfied with the order of the learned Magistrate, the owners of animals filed Criminal Revision Application before the learned Additional Sessions Judge, Banaskantha at Palnapur, who allowed the Revision and directed that the custody of animals be given to the owners pending trial of the cases. The Pinjrapole carried the matter in Revision before the High Court of Gujarat. That Revision and two other cases were disposed of by the High Court by common order dated April 8, 1997, declining to interfere in the order passed by the learned Additional Sessions Judge. The correctness of that common order is assailed in these appeals.