RAHIMBHAI ADAMBHAI TARAKVADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. L.R. Pathan for the petitioenr, Mr.U.R.Bhatt, learned A.P.P. for the respondent No.1-State and Mr. N. M. Kapadia, learned advocate for the respondent No.2. 1.1 Rule. Learned A.P.P. Mr. U.R.Bhatt, waives service on behalf of the respondent No.1-State while Mr. N.M. Kapadia waives service on behalf of the respondent no.2. With the consent of the learned Advocates for both the parties, the matter is taken up for final hearing and disposal today.

(2.) This Criminal Revision Application is directed against the impugned order dated 10-8-2006 passed by the learned Judicial Magistrate. First Class, Gadhda, in Gadhda Police Station II C.R. No.258 of 2005 as well as the order dated 17.6.2006 passed by the learned Sessions Court, Bhavnagar in Criminal Revision Application No. 5 of 2006 allowed the said Revision Application by imposing condition of depositing the amount of Rs. 1,50,000/- with the bank and pay the maintenance costs of animals to the Pajrapole for custody of the Muddamrnal sheep and goats intercepted and seized by the Gadhda Police at present kept at Gadhda Gaushala Panjarapole, Gadhda.

(3.) The petitioner is a small businessman engaged in the purchase and sale of cattle for earning his livelihood. It is the case of the applicant that on 4.10.2005, 23 sheep and 50 goats were purchased by him and they were sent through tempo bearing Nos.GJ 6 W 7021. While on his way, the Gadhda Police intercepted and seized the said cattle on Gadhda Police Station C.R. No.258 of 2005 being filed on the allegation that the sheep and goats were being taken for slaughtering and therefore, the petitioner has committed offences under Section 11 of the Prevention of Cruelty to Animals Act. 1960. Sections 54, 56 and 50 of the Bombay Animal Prevention Act, 1954 and Sections 66 (1), 192 and 177 of the Motor Vehicles Act. Thereafter the custody of the said cattle in question were handed over to the Gadhda Gaushala Panjarapole, Gadha. The said tempo was seized by the police officers with cattle.