ABDULKADAR MOHAMAD AZAM SHEIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS common question of facts and law arise in this group of petitions, and as such they can be said to be cross petitions, they are heard, decided and disposed of by this common judgement and order.

(2.) WITH the consent of the learned advocates appearing on behalf of the respective parties, all these petitions are heard finally.

(3.) THAT a criminal complaint has been lodged against the respective petitioner of Special Criminal Application Nos.1635, 1635 and 1670 of 2010 with Athwa Police Station, Surat being CR No.II-131 of 2010 for the offences punishable under sections 11(1)(a)(e)(m)(k) of Prevention of Cruelty to Animals Act, 1960 as well as under section 12 of the Wildlife Protection Act, 1972 alleging inter-alia that 494 birds / animals have been found from the custody of the respective accused which were kept in different small cages and that their wings were cut, their tails were cut and cello-tape was put on their wings, there were rings on their legs. Therefore, it is alleged that there was atrocity on the said birds. It is alleged that the respective accused are not having any licence or permit to keep the birds / animals and/or to sell them. THAT all 494 birds / animals were taken in the custody by the police and the same were sent to one Non-Governmental Organization ("NGO" for short) namely "Live and Let Live", Surat for their treatment. THAT from the different cages, number of parrots, pigeons, love birds, sparrows, rabbit, mouse, dog etc. were found and the petitioners " accused were selling the said birds in the open market. THAT the respective petitioners " accused from whose custody birds / animals were seized, submitted applications under section 451 of the Code of Criminal Procedure for interim custody of the said birds / animals and the learned trial court i.e. Third Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Surat dismissed the said applications, after hearing the parties and considering the report of the Wildlife Protection Officer, and directed that the muddamal birds / animals be enlarged free in the air / sky. Being aggrieved by and dissatisfied with the orders passed by the learned trial court in application under section 451 of the Code of Criminal Procedure the respective petitioner " original accused from whom muddamal birds / animals were seized preferred Revision Application Nos. 230, 231 and 233 of 2010 before the learned Sessions Court under section 397 of the Code of Criminal Procedure and the learned 4th Additional Sessions Judge, Surat by the impugned orders dtd.10/8/2010 has partly allowed the said Revision Applications quashing and setting aside the order passed by the learned trial court by which the learned trial court directed that the birds be enlarged free in the air / sky, however, rejected the applications of the aforesaid revisionist - original accused of handing over the custody of the birds / animals to them and observed that it will be open for the learned trial court to pass appropriate order to give custody of the birds to the voluntary organizations and pass appropriate order with respect to expenditure for maintaining them. Being aggrieved by and dissatisfied with the orders passed by the learned Additional Sessions Judge in Revision Application Nos. 230, 231 and 233 of 2010 dtd.10/8/2010, the petitioners - original accused / applicants have preferred Special Criminal Application Nos.1635, 1636 and 1670 of 2010. It appears that thereafter pursuant to the order passed by the Sessions Court in the aforesaid Revision Applications, the learned trial court has passed further order dtd.17/9/2010 directing the respective applicants " accused to deposit cost of Rs.1,05,290 in the court of for payment to Beauty without Brutality Organization, Surat, with whom custody of the birds is". By way of amendment, the aforesaid order is also challenged in the aforesaid Special Criminal Application Nos.1635, 1636 and 1670 of 2010. Being aggrieved by and dissatisfied with the impugned order passed by the Sessions Court dtd.16/8/2010 in Revision Application Nos.230, 231 and 233 of 2010. in so far as quashing and setting aside the order passed by the learned trial court by which the learned Additional Chief Judicial Magistrate directed to enlarge the birds free in the sky / air, the activist - original complainant has preferred the aforesaid Special Criminal Application Nos.2600, 2601, 2602 of 2010, for appropriate order enlarging the birds free in the open sky and to restore the order passed by the learned trial court.