UJJAWAL GORAKSHAN TRUST, HAVING ITS REGISTERED OFFICE AT BAHADURA FATA Vs. STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, POLICE STATION, KORADI, DISTRICT NAGPUR

JUDGEMENT

(1.) Heard Shri Daga, learned Counsel for petitioner, and Shri Sirpurkar, learned Additional Public Prosecutor for respondent no.1. None appears for respondent no.2 though served. Even on the earlier date, none was present for respondent no.2 and with a view to give opportunity to defend the petition on merits, the petition was adjourned for today. Despite that, nobody appears for respondent no.2 even today.

(2.) Challenge in this petition is to order dated 27/8/2015 passed by learned trial Court granting custody of 33 bullocks to respondent no.2 on his executing a supratnama bond of Rs.5 lakhs and by imposing conditions not to sell animals and to produce the same as and when directed during pendency of trial.

(3.) Petitioner is a registered public trust having Public Trust No.F1425 (Nagpur), which is dedicated for the welfare of animals and engaged in taking care, preservation and protection of animals. It is noted that on 3/7/2015 report came to be lodged by A.P.I. Laxman Kendre that while he was on patrolling duty with other staff, they intercepted two trucks bearing Registration No. MH04CG3419 and MH40N887, which were found carrying cattle illegally. The total cattle were 33 in number and they were found being illegally transported by respondent no.2 without valid permission from the Authorities including R.T.O. and in contravention of the provisions of Prevention of Cruelty to Animals Act, 1960 and, therefore, offences came to be registered under Section 11(3) and 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960 and Sections 66, 192 and 130(1) of the Motor Vehicles Act vide Crime No. 3090/2015.