ABDUL MAJEED ABDUL NABI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with the consent of both the sides.

(2.) In both these Petitions, the common question arises i.e. whether the Petitioners who are owners of the seized vehicles for the offences under the Prevention of Cruelty to the Animals Act, 1960 and Rules are entitled for custody of vehicles on payment of transport, treatment and animal care charges from the date of receipt of custody of the animals by the Animal Care take shelter (Gaushala) till final disposal of the animals?.

(3.) In Writ Petition No. 1145 of 2024, the Petitioner No.1 Abdul Majeed s/o Abdul Nabi, claimed to be the owner of vehicle No.AP-07 TB-4911. The petitioner No.2 Kureshi Hymad Ussain s/o Yakub Sab, claimed to be the owner of vehicle bearing No.TS-16-UB 6896. Both these vehicles appear to be seized on 1/2/2024 while transporting 39 cattle in the vehicles, mercilessly in cruel manner. It is alleged that, the legs, heads and body of animals were tied by ropes. As per the F.I.R., dtd. 1/2/2024 lodged by the Police Head Constable Shri Raman Fakira Gedam it appears that, he seized 39 cattle (39 Buffaloes) and both the vehicles, which were found transporting the cattle in violation of provisions of Prevention of Cruelty to Animals Act, 1960 and Sec. 125 of the Motor Vehicles Act, 1988. He drawn the seizure panchanama of cattle and vehicles. Thereafter he handed over custody of cattle to Respondent No.2 Gaushala (Animal Care take shelter ) for welfare.