AMINBHAI MURADBHAI SANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner has challenged an order dated 13.5.09 passed by the learned Sessions Judge, Rajkot. By the said order, the learned Judge was pleased to reverse the order dated 18.3.09 passed by the learned Judicial Magistrate, Jasdan. The issue pertains to interim custody of animals, 13 bullocks to be precise, pending investigation and trial for offence punishable under the Prevention of Cruelty to Animals Act. 13 animals have been transported in a truck allegedly in cruel manner for carrying them to slaughter-house. A case was, therefore, registered against the truck driver. The same is pending. As an interim measure, the petitioner claims ownership of the animals and prayed for being handed over the custody thereof pending trial. The learned Magistrate granted the request on certain conditions by his order dated 18.3.09. Main conditions were that the petitioner should furnish security of Rs.65,000/- and that he should properly look after the animals and produce the same when the court so directs.

(2.) Respondent No.2 Panjrapole challenged the said order before the Sessions Court. The learned Sessions Judge reversed the order and directed handing over the custody to the Panjarapole. Hence this petition.

(3.) Having heard the learned advocates for the parties, I find that though allegations are made for transporting animals in inhuman manner, the petitioner is not an accused in the said case. Further, the allegations that the animals have been transported for slaughter are yet to be inquired into. It is, however, the case of the petitioner that he is involved in the business of buying and selling animals. He has purchased the bullocks for resale. He has produced the certificate of the Gram Panchayat indicating that each animal was purchased by payment of substantial amount on sale price. It is also contended that the petitioner is not involved in any other similar offence.