MAHENDRABHAI NENSI PAREKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) INVOKING the provisions of section 482 of the Code of Criminal Procedure, 1973 ("the Cr. P. C. " for short) and Articles 226 and 227 of the Constitution, the petitioner has called into question the order dated 18. 9. 2008 of learned Judicial Magistrate, First Class, Limbdi whereby application of the petitioner under section 451 of the Cr. P. C. was rejected and custody of eight muddamal buffaloes was denied to him.

(2.) IT was submitted by learned counsel Mr. L. M. Zala that the buffaloes were seized for the alleged offence under the provisions of the Prevention of Cruelty on Animals Act, 1960 when the buffaloes were being transported by and at the instance of the petitioner and after their being taken into custody as muddamal, application of the petitioner under section 451 of the Cr. P. C. was rejected on the ground that the petitioner could not produce reliable evidence of ownership of the buffaloes. He submitted that no one else has come forward to claim ownership or possession of the buffaloes in question and the petitioner was prepared to abide by such conditions as may be imposed in view of lack of sufficient material at the relevant time to establish ownership of the buffaloes in question. He further submitted that the buffaloes were valued at approximately rupees one lakh.

(3.) LEARNED A. P. P. Mr. I. M. Pandya, appearing for the respondent, submitted that cruelty was committed in respect of the buffaloes in question in insofar as they were carried in a truck without taking adequate care for their safety and requirements of fodder and water.