GAURAV GUPTA Vs. SAT PAL

JUDGEMENT

(1.) The above-mentioned petitions have been filed by the petitioners under Article 227 of the Constitution of India read with Section 482 of the Cr.P.C. for setting aside orders dated 8th August, 2014 and 11th December, 2014.

(2.) Brief facts of the matter are that on 2nd August, 2014 on the statement of the petitioner herein namely Gaurav Gupta FIR No.581/2014 under Section 11 of Prevention of Cruelty to Animal Act read with Section 429 IPC was registered at Police Station, Vivek Vihar, Delhi. In his statement the complainant stated that he is the President of Raiding Party of People for Animals and on 2nd August, 2014 he received an information that some sheep and goats are being taken to Jammu and Kashmir for slaughtering. He further stated that upon receipt of the said information he along with the other members of his raiding party reached at the red light of Surya Nagar and found two trucks bearing registration Nos. HR 37A 7737 and HR 55 G 8568 standing on the side of the road loaded with goats and sheep.

(3.) After registration of the FIR, the investigation was taken up. During the course of investigation, a total of 383 goats and sheep were rescued from the said trucks which were deposited in Sanjay Gandhi Animal Care Centre. During the course of investigation statements of witnesses were recorded, evidence was collected, drivers of the trucks i.e. Karan Singh and Neksi Lal, and owners of the animals i.e. Satpal and Ashok Kumar Nagar were also arrested. While the investigation was pending, the owners of the animals moved an application before the Court of Chief Metropolitan Magistrate seeking custody/superdari of the animals. The said application came up for hearing before the Court on 8th August, 2014 when the Court directed to release the animals on superdari on furnishing superdari bond of Rs.10 lac with other directions related to the welfare of the animals.