ANWAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner -Anwar who also happens to be the accused in this case got registered by way of FIR No. 389 dated 26.12.2015 under Ss. 279, 336, 379, 411 IPC and Sec. 11 of Prevention of Cruelty to Animals Act, 1960 (in short "the Act") registered at Police Station Aadampur, District Hisar after a favourable order dated 28.12.2015 (Annexure P -1) of learned Judicial Magistrate 1st Class, Hisar whereby sapurdari of thirteen camels was granted to him on his application and consequent upon reversal of his fate when criminal revision filed by the State against such an order of interim custody of the animals was allowed by the learned Additional Sessions Judge, Hisar vide orders dated 2nd January, 2016 (Annexure P -3) whereby the orders of the learned Magistrate were set aside, has sought to challenge the same before this Court by way of instant petition under Sec. 482 Cr.P.C.

(2.) It was on 26.12.2015, as is claimed by the prosecution, SI Satbir Singh from Police Station Adampur, Hisar while present at bus adda Kabrel received a secret information that from the side of village Bangla one truck bearing No. RJ -022 -GA -2347 was coming loaded with thirteen camels which were tied from the legs and were being ferried. It was further alleged that the animals were loaded one upon the other and thus, were facing great difficulty. Finding the information to be reliable, a naka was laid and the above -mentioned vehicle was seen coming rashly and negligently at a high speed and was stopped which was found to be driven by accused -Sabir and from the truck thirteen camels were got recovered which were tied from the mouth and they were facing great difficulty in breathing. It was thereupon the present case was got registered under the provisions of Ss. 279, 336, 379, 411 IPC and Sec. 11 of the Prevention of Cruelty to Animals Act, 1960. It was during the course of time, an application under Sec. 451 Cr.P.C. was moved by the People for Animals Society (in short "the Society") for the interim custody of these thirteen camels on the grounds that they had necessary paraphernalia to treat the animals in the hospital as well as to take their appropriate care. This interim custody was allowed vide order dated 23.12.2015 of learned Judicial Magistrate 1st Class, Mewat. It was thereafter, separate applications regarding sapurdari of these thirteen camels were presented before the learned Magistrate, one by the Society and other by the accused/owner. It was through impugned orders dated 28.12.2015 (Annexure P -1) the learned Judicial Magistrate, 1st Class, Hisar allowed the sapurdari to the accused/owner and which was challenged by way of revision by the State and the Court of learned Additional Sessions Judge, Hisar vide orders dated 02.01.2016 (Annexure P3) set aside the orders of the learned Magistrate disallowing the sapurdari of thirteen camels and which is the precise matter listed before this Court.

(3.) Heard Mr. Rajesh Lamba, Advocate for the petitioner and Mr. Sandeep Moudgil, Additional Advocate General, Haryana and perused the records of the case.