DHYAN FOUNDATION Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Ditul Das, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent No. 1, and Mr. N. Uddin, learned counsel for the respondent Nos. 2 to 11.

(2.) This criminal petition, under Sec. 482, read with Ss. 397/401 of the Code of Criminal Procedure, 1973, is directed against the order dtd. 11/5/2022, passed by the learned Chief Judicial Magistrate, Barpeta, in connection with Barpeta P.S. Case No. 485/2022, under Ss. 457/380 of the Indian Penal Code read with Sec. 11 of the Prevention of Cruelty to Animals Act, 1960. It is to be noted here that vide impugned order dtd. 11/5/2022, the learned Court below has directed for releasing of 110 numbers of Goats, which were seized by police, and were in the interim custody of the petitioner, to the respondents.

(3.) The factual background, leading to filing of this petition, is briefly stated as under: