VADHWAN MAHAJAN PANJARAPOLE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) List has been revised thrice, none appeared for the revisionist. Shri K.C.Shah, learned A.P.P. for the respondent No.1 and Shri A.R.Shaikh, learned Counsel for the respondent No.2 have been heard and the impugned order has been examined.

(2.) It appears from the impugned order that 17 calves were seized and inquiry and investigation under Section 35(2) of the Prevention of Cruelty to Animals Act, 1960 was initiated against the respondent No.2. The respondent No.2 claiming to be the owner of the cattle claimed interim custody. Application for interim custody was rejected by the Chief Judicial Magistrate, Surendranagar through his order dated 13.4.1998, and the calves were given in the custody of Vadhwan Mahajan Panjarapole, Vadhawan, a Charitable Trust registered under the Bombay Public Trust Act. This Panjarapole is revisionist before me. Feeling aggrieved the respondent No.2 herein approached the Sessions Judge, Surendranagar, who set aside the order of the Chief Judicial Magistrate, Surendranager and directed that the cattle be given in the interim custody of respondent No.2 on certain conditions. It is against this order of the Sessions Judge that the instant revision has been filed by the revisionist Panjarapole.

(3.) Section 451 of the Cr. P.C. provides for interim custody in such cases. It provides that when any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial.