The Bombay High Court rejected a gaushala’s plea for custody of cattle seized in an illegal transportation case. Justice YG Khobragade said that the rightful owners of the cattle have the right to keep their property during the ongoing trial. The decision highlights the need to respect ownership rights while the case is being heard. This ruling supports the legal process and clears up property rights in such cases.
Mumbai: The Bombay High Court in Aurangabad dismissed a petition from a Gaushala in Nandurbar, which sought to keep custody of 14 buffaloes seized during an illegal cattle transportation case.
Justice Y.G. Khobragade stated that the rightful owners of the cattle and the truck involved have the right to possess their property while the trial is ongoing.
The court noted,
“Considering provisions of the Prevention of Cruelty to Animals Act, 1960, Section 457 of the Criminal Procedure Code, as well as the law established by the Hon’ble Apex Court cited therein, the custody of seized cattle and truck are given in favor of the owners, which does not appear to be illegal or bad in law.”
The Gaushala, which had initially been granted interim custody of the buffaloes, was denied its plea. The case began on August 28, 2023, when a police officer from Visarwadi Police Station intercepted an Eicher truck transporting 14 buffaloes without the necessary permits from Taloda to Malegaon. The truck and cattle were seized, with interim custody granted to the Gaushala.
Owners Ganpatbhai Pratapbhai Thakare and Shabirbhai Kasambhai Sindhi filed applications for the return of their property under Section 457 of the Criminal Procedure Code. On October 17, 2023, the Judicial Magistrate First Class in Navapur ordered the release of the cattle and truck to their owners, contingent on their agreement to cover the maintenance costs.
The Gaushala, operating under the Amar Asha Multipurpose Society, contested this decision in the Additional Sessions Court, which upheld the Magistrate’s ruling on November 7, 2023.
In their appeal to the Bombay High Court, the Gaushala argued that keeping custody of the cattle was necessary to prevent cruelty and to ensure the truck wouldn’t be misused for illegal transportation.
They referenced a Supreme Court ruling that had previously allowed a Gaushala to retain custody for the welfare of rescued animals.
Conversely, the cattle and truck owners maintained their legal right to their property, with the cattle owner assuring the court of his commitment to cover maintenance costs.
Ultimately, the High Court sided with the findings of the lower courts, dismissing the Gaushala’s plea.
Advocate Ajay T. Kanawade represented the Gaushala, while Additional Public Prosecutor V.M. Jaware represented the State, and Advocate Vakil Afzal Husain M represented the truck owner.