ALTAF BABRU SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner has challenged the order dtd. 22/6/2022 passed by learned District Judge - 8th and Additional Sessions Judge, Nashik rejecting the Criminal Revision Application No.111 of 2022 as well as order dtd. 13/5/2022 passed by learned J.M.F.C. in Criminal Misc. Applications No. 142, 143 and 145 of 2022 to the extent of directions contend in paragraph no.6 of the operative part thereof requiring the petitioner to pay jointly and severally with the accused and the owner of the case property and amount of Rs.96,625.00 towards maintenance and health inspection of the animals until 13/5/2022 and amount of Rs.200.00 per day per animal till the final conclusion of trial.

(2.) First Information Report (for short 'FIR') was registered on 19/4/2022 vide C.R. No.79 of 2022 with Ghoti Police Station, Dist. Nashik under Sec. 11 of Maharashtra Protection of Animals Act, 1976 and Sec. 192-A of Motor Vehicle Act, 1988. In the FIR it was alleged that on 19/4/2022 information was received that the animals would be transported illegally from village Vadiv towards Mumbai. The raiding party proceeded to Ghoti Toll Naka. They intercepted vehicle with animals and noted that the animals therein were treated with cruelty. There were about 23 Buffaloes in the vehicle and they were being transported. The occupants of the vehicle they gave their names as Maqsood Abdul Sattar Shaikh and Iqbal Abdul Sattar Shaikh. They informed that the animals are being taken to Bhiwandi for sale. The vehicle and the animals were taken in custody.

(3.) Shaikh Khalid Shaikh Sadiq Qureshi preferred an application before the Court of J.M.F.C. Igatpuri under Ss. 451 and 457 of Cr.P.C. seeking interim custody of the animals intercepted in the truck. The said application was preferred on 25/4/2022. The application was opposed by the State by filing say. The petitioner preferred an application under Ss. 451 and 457 of Cr.P.C. before the aforesaid Court on 27/4/2022 for return of vehicle to him. The application was opposed by the State by filling say. Intervention application was preferred by Dhyan Foundation before the Court of learned J.M.F.C. contending that the intervenor is a registered Trust or Social Organization, which is engaged in looking after the welfare of the cows and its progenies, their preservation and protection. The police rescued 23 Buffaloes and handed over their custody to Gaushala for preservation and care. As per rule 3(a) of Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017, the health inspection, identification and ear tagging of cattle are mandatory and the same to be complied by the seizing authority. As per Rules 4 and 5 the accused / owners / owner of vehicle are liable to pay amount of maintenance towards transport, medical, fodder, care etc. of all the Buffaloes.