DHYAN FOUNDATION DEVIPUR BSF Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioner is a voluntary organization engaged in rescue and looking after welfare of animals including cows. It appears that 2(two) cows were seized by the Border Security Force(BSF) near the international border under the suspicion that they were being illegally smuggled. The cows were handed over to the police authorities, who in turn handed over the custody of the cows to the petitioner for taking care of them pending further investigation. Subsequently, the cows were order to be released in favour of the respondent No.2 by the learned Magistrate by the impugned order dated 9th July, 2020.

(2.) From this order it appears that the respondent No.2 herein had claimed to be the owner of the said cows and sought to claim their custody. The investigating agency also supported his case. He had produced necessary documents in support of his claim of ownership. He had claimed that the cows were left for grazing and had strayed away from home. The learned Judge, therefore, ordered release of the cows in favour of the petitioner upon his furnishing indemnity bond of Rs.40,000/-.

(3.) I do not find any error in the impugned order. The petitioner has extremely limited role to play in the present situation. The petitioner, as a voluntary organization engaged in the welfare of animals, was merely given temporary custody of the seized animals till after order can be passed by the Court. When the Court proceeded on the basis of the preliminary material collected by the investigating agency itself and thereafter provided for release of the cattles in favour of the owner by imposing proper conditions, such an order cannot be disturbed.