DHYAN FOUNDATION Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) The petitioner Dhyan Foundation is a registered trust vide registered trust deed at Annexure-13. The Foundation is a spiritual and charitable organization working for the welfare of the animals as per averment in paragraph no. 5 of the supplementary affidavit on oath. The petitioner works closely with the governmental agencies like Environment Ministry, Husbandary Department, Government of India vide Annexure-5 series. As soon as the writ petitioner got knowledge of the seizure of camels in Kishanganj, through the then volunteer Niru Gupta took up the matter and filed a petition before the leaned Chief Judicial Magistrate, Kishanganj for entrustment of interim custody of the camels in favour of the petitioner so that he may be carried to Rajasthan which is the natural safe place for the life of the camels.

(3.) Respondent no. 4 to 8 also filed a petition before the learned Chief Judicial Magistrate, Kishanganj, vide Annexure-B to the counter affidavit of the State-respondents, for release of the camels in their favour only on the ground that they are owners thereof.