WADHWAN MAHAJAN PANJARAPOL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this criminal revision application under Section 397 read with section 401 of Criminal Procedure Code, the following reliefs are sought by the petitioner:-

(2.) The case of the petitioner in brief is that the Vice President of one Trust named as "Vardhaman Jivdaya Parivar Charitable Trust", Mr. Raghu Sindhav received an information that one truck bearing no. GJ-13-V-8210 is in transit, whereby in an illegal manner and in utter violation of applicable laws is transporting animals from Viramgam to Surendranagar. Accordingly, the complainant and his colleagues tried to intercept the truck, but the driver of the truck did not stopped it and upon further interception, the truck was stopped at Wadhwan and on inspection has found that the top of the truck was sealed with "tadpatri" and some 27 male buffaloes aged about 1.5.- 2 years were being being transported in a very cruel and gruesome manner, as they were tied up with tight ropes and there was no space for movement, no facility of food, water and "tadpatri" was covered in such a manner that no proper air circulation was made available. On further inquiry from the driver, it was informed that animals were loaded by respondent no. 2 herein from Mr. Akram A.K.A. Iqbal Habibbhai Kureshi, of Viramgam who is indulging in such kind of activity. Since animals were transported in such a cruel manner, an FIR being C.R. No. 11211056200556 of 2020 was lodged before Surendranagar "B" Division Police Station for offences punishable under Sections 11(1) (d), 11(1) (e) and 11(1) (h) of the Prevention of Cruelty to Animals Act, 1960. Subsequently, the Police authority made an application dated 26.09.2020 before the learned Judicial Magistrate First Class, Wadhwan to pass appropriate order to keep 27 buffaloes in Panjrapol i.e. the present petitioner named as Shri Wadhwan Mahajan Panjrapol which is a Trust registered under the Bombay Public Trust Act. The said application was given on the premise that there is no facility to keep such live stock mudammal at the concerned Police Station and there is no facility to meet with the requirement of food, water, shelter, sanitary and other necessities of such buffaloes and as such, an order came to be passed directing to keep such buffaloes at a place of the petitioner - Shri Wadhwan Mahajan Panjrapole.

(3.) Pursuant to the notice issued by the co-ordinate Bench of this Court on 07.06.2021, Mr. Sajid Kariyani has appeared on behalf of respondent no. 2 and the hearing took place of the present proceedings. Learned Advocate Mr. Meet Shah appearing on behalf of the petitioner has submitted that upon inspection of the vehicle in question it was categorically found that the buffaloes were tied up in such a manner that there was no room for any movement in truck. Apart from that the truck was covered with "tadpatri" in such a manner that there was hardly any air circulation and further as per the requirement of relevant rules, the buffaloes were not kept in proper condition. It has been submitted that when the interception took place of the truck, it was found that they were tied in such a fit manner that there was a scar on the legs and on account of that infection has also taken place and they were to be given immediate treatment and some four buffaloes had died on account of such a situation in which there were kept. At present there are 23 such buffaloes in living condition to which the present petitioner - Trust is taking care of. This fact has been taken into consideration by the learned Additional Judicial Magistrate, Wadhwan and after taking into consideration all these materials, was pleased to reject the request of respondent no. 2 and unfortunately, according to the learned advocate for the petitioner, at the revisional stage the learned Additional Sessions Judge has not taken into consideration such a situation of the buffaloes in which condition they were transporting and also not taken into consideration the relevant rules applicable, nor has examined any material and by cryptic order, the revision application came to be allowed and as such, the learned advocate for the petitioner has submitted that there is a gross error committed by the learned Additional Sessions Judge in passing the impugned order.