SONARAM Vs. STATE OF M P

JUDGEMENT

(1.) HEARD finally at the motion hearing stage. This is an application under Section 482 of the Cr. PC, praying for invoking extra-ordinary jurisdiction vested in this Court and pass order of the interim custody of the animals seized by police Bhagwanpura to the present applicants on the ground that they are the owners of those animals which are 835 bullocks and calves.

(2.) LEARNED Counsel for the applicants submitted that the applicants are in business of purchasing cows, buffaloes and calves from the fare of Rajasthan and selling them in Maharashtra and Madhya Pradesh. At the relevant time 2300 buffaloes and cows were taken by them after getting a valid permission from the concerning authority of Rajasthan towards Maharashtra for the purpose of selling them in the markets of Maharashtra, but some person committed criminal conspiracy against them and Crime No. 322/05 was registered at Police Station Bhagwanpura and these animals were sized by the police, and thereafter, were given in interim custody to respondent Nos. 2 to 5. He further submitted that the present applicants are the owners of the animals and the interim custody of the animals should be given to them. The Trial Court as well as the Revisional Court committed an error in giving custody to respondent Nos. 2 to 5 who claim to be Gaushalas and in their custody the animals are dying every day.

(3.) LEARNED Panel Lawyer submitted that as per the First Information Report the applicants were carrying the animals towards Maharashtra for the purpose of slaughtering, and therefore, to prevent this cruelty on animals, these animals were seized by the police of Bhagwanpura, District Khargone and now the case is pending against the applicants in the Competent Court of Khargone District. As the applicants are facing charge under the Provision of M. P. Gauvansh Adhiniyam and Prevention of Cruelty to Animals Act, 1960 as well as other provisions of some other Acts, therefore, they are not entitled to get even interim custody of these animals.