RAMESH BAGUBHAI HALPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Misc. Application No. 3744 of 2022 has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the FIR being No. Part-B 11822012213482 of 2021 registered with Gandevi Police Station, District Navsari, for offences punishable under Sec. 6 (c) (1) (3) (4), 8(4) and 10 of Gujarat Animal Prevention Act, 1954, Ss. 11(1)(d) , 11(1)(e) , 11(1)(f) , 11(1)(g) of Prevention of Cruelty to Animal Act , 1960 and Sec. 192 of Gujarat Motor Vehicles Act, 1986.

(2.) Mr. Kunal Shah, learned advocate for the petitioners submitted that Ramesh Bagubhai Halpati (petitioner of Criminal Misc. Application No.3744 of 2022) was the driver of the vehicle Tata Tempo bearing registration No.GJ-21-AU-277 wherein it is stated that one cow and one calf was transported by him without any permit or licence. Learned advocate for the petitioners submitted that Ramesh is not the owner of the vehicle and the cattles were transported at the instructions of Govindbhai Ramubhai Halapati and the same to be handed over to Jabir Ibrahim Diwan (petitioner of Criminal Misc. Application No. 3784 of 2022) who is a member of Shree Kankaria Doodh Utpadak Mandali Ltd., and as per the certificate given by Milk Production Society he was a regular member of the said Mandli since last 13 years. Learned advocate for the petitioners submitted that the documents produced on record suggest that cow milk and buffalow milk was sold to the society and thus the said fact itself suggest that the cattles were not transported for any slaughter purpose. Learned advocate for the petitioners submitted that it was the responsibility of the owner of the vehicle to make provisions for the cattles for providing water and grass to the cattles during the transport. Learned advocate for the petitioners submitted that the distance between two places is reasonably small and therefore invocation of provisions of Prevention of Cruelty to Animal Act , 1960, would be rather very hard or onerous; as per the complaint the cattles transported were one cow and one calf which have reasonably been taken care steps in the tempo. It was urged that the present application may be allowed and the petitioners herein may be released on regular bail.

(3.) Mr. Pranav Trivedi, learned APP submitted that it is a case of animal cruelty, and therefore, it was urged that no discretion may be exercised in favour of the petitioners.