KALUBHAI NATHABHAI SOHALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE complainant- Maldebhai Thebabhai, Police Constable, Head Quarters, Bhavnagar on 24-3-2008 while on duty intercepted truck bearing no. GJ-5vv 2623 and found that total 195 sheep were loaded in the said truck and kept in an unhygienic condition which amounted to cruelty to the animals for which a complaint came to be lodged against the present petitioner-accused.

(2.) THE petitioner being the owner of the said sheep preferred Criminal Misc. Application no. 445 of 2008 under Section 51 of the Criminal Procedure Code for interim custody of the said live-stock before the 5th Additional Senior Civil Judge and J. M. F. C. , Bhavnagar which came to be allowed by order dated 10-4-2008.

(3.) THE respondent no. 2, Bhavnagar Pancharapole, to whom the custody of the live stock pending trial was handed over by the Police, being dissatisfied with the above referred order of the learned J. M. F. C. ,bhavnagar preferred Criminal Revision Application no. 55 of 2008 before the learned Additional Sessions Judge, Bhavnagar, which came to be allowed vide order dated 2-5-2008 and the custody of the live-stick was ordered to be continued till the completion of trial. Hence the present Criminal Revision Application.