ROSHAN OMKAR TARARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally with the consent of learned Counsel for the parties.

(2.) By invoking the jurisdiction under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order passed by the Additional Sessions Judge, Bhandara by which the application of the petitioner for releasing vehicle one Bolero Pickup of Mahindra Company bearing Registration No.MH-40-N-6400, is released on condition that the petitioner shall deposit Rs.30,000.00 (Rs. Thirty thousand) before the Judicial Magistrate First Class, Sakoli and executing Indemnity Bond of Rs.3,00,000.00 (Rs. Three lakhs). In compliance the learned Judicial Magistrate First Class calculated Rs.8,03,000.00 at the rate of Rs.200.00 per day per cattle from 10/10/2019 to 09/10/2020. It is further directed that the Judicial Magistrate First Class shall determine the cost of transportation, care, maintenance and medicine of the animals seized in the crime from the date of its seizure till passing of the order and further directed that the cost so determined shall be paid to appropriate person from the amount of Rs.30,000.00 which will be deposited by the petitioner. The learned Magistrate is further directed to determine the monthly amount which is sufficient to cover all responsible cost incurred for maintenance and treatment of animals seized in the crime as provided under the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017.

(3.) It is the contention of the petitioner that the police station Sakoli registered an offence punishable under Sec. 11(1) of the Prevention of Cruelty to Animals Act, 1960 read with Sec. 5 of the Maharashtra Animal Preservation Act, 1995 and seized the vehicle of the petitioner i.e. Mahindra Bolero Pickup bearing Registration No.MH-40- N-6400. The offence was registered on an allegation that the prohibited animals are transported in the said vehicle without obtaining due certificate and thereby committed an offence.