MOHANBHAI HAMIRBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule for and on behalf of respondent - State.

(2.) By way of this petition, the petitioner has prayed to quash and set aside the order dtd. 18/7/2022 passed by the Sessions Court, at Bhachau Kachchh in Criminal Revision Application No.15 of 2022 confirming the order dtd. 8/6/2022 passed by the Magisterial Court at Rapar and also prayed to release the muddamal i.e. 57 goats and 150 sheep, which were seized in connection with the FIR being C.R.No.11993005220110 registered with Adesar Police Station, Dist. Kachchh for the offence punishable under Sec. 11(d)(l) of the Prevention of Cruelty to Animals Act and Ss. 5, 6, 8 and 10 of the Gujarat Animal Preservation Act, on suitable terms and conditions.

(3.) Learned advocate for the petitioner submitted that the muddamal has been detained in connection with the alleged offence mentioned in the FIR and that if the interim custody of the muddamal is not given, serious prejudice would be caused to the petitioner as the muddamal buffaloes is his source of income and he is solely dependent upon the seized buffaloes. He further submits that, seized muddamal i.e. 57 goats and 150 sheep are lying in the police station since 16/5/2022 and therefore, petitioner is not able to carry out his business of selling milk from the live stock and he is suffering from huge financial loss due to non-availability of said live stock. He further submits that the petitioner is doing his business and he is not at all involved in such illegal activities and the petitioner has no criminal antecedents. It is submitted that the Sec. mentioned in the FIR is not applicable to the present case and considering that aspect, the accused persons are released on bail.