DATTATRAYA JOSHI Vs. P P , HYD & ANO

JUDGEMENT

(1.) This Criminal Revision Case is filed by the petitioner-de facto complainant challenging the order of the Additional Judicial First Class Magistrate at Shadnagar in allowing Crl.M.P.No.81 of 2016 in Crime No.84 of 2016 filed by the owner of the property under Sec. 457 r/w 451 Crimial P.C. for return of seized animals for interim custody.

(2.) Basing on the complaint given by the de facto complainant-petitioner herein, police at Shadnagar seized the pet animals namely, six horses, 5 birds, 5 dogs and 7 puppies and one elephant from the custody of M/s.Jamuna Circus while it was conducting circus at Shadnagar, Mahaboobnagar District and a case was registered in Crime No.84 of 2016 on the file of Shadnagar Police Station for the offence under Sec. 11(1) of Prevention of Cruelty to Animals Act, 1960 against the second respondent herein and others. The second respondent herein being the Manager of said circus company filed the impugned application seeking interim custody of the said animals and the same was allowed by the Court below imposing stringent conditions. Being aggrieved by granting of interim custody of said animals, the complainant filed the present revision.

(3.) It is submitted by the learned counsel for the petitioner that the earlier permit accorded to the accused circus company to use those animals for performance was already cancelled for contravention of the conditions of permission and that their appeal was also dismissed and therefore, they are not entitled to keep the animals for any purpose much less for the purpose of performance. Further as per the provisions of the Act, the animals seized from the possession of the accused cannot be given to interim custody unless a certificate of fitness is issued by Veterinary officer. Furthermore if the accused are given interim custody of the seized animals, again they would put those animals for same commercial exploitation and cruelty.