Judgment

Quadri, J.-Leave is granted.

2. These three appeals are filed by the Manager, Pinjrapole against the common judgment of the High Court of Gujarat dated April 8, 1997. The short question that arises for consideration in these appeals is: whether the order of the High Court declining to grant interim custody of the animals to the appellants is contrary to Section 35 of the Prevention of Cruelty to Animals Act, 1960.

3. The facts giving rise to this question may be noticed here. While the sheep and goats (hereinafter referred to as “animals”) were being transported, the Gujarat police seized them for the alleged violation of provisions of the Prevention of Cruelty to Animals Act, 1960 (for short, the Act), Bombay Police Act and Rules 65 to 75 of the Gujarat Diseases of Animals Control Rules, 1963. It is a common ground that the offences alleged are non-cognizable. The learned Judicial Magistrate, 1st Class, Dhanera, on their production before him, directed that the custody of the animals be handed over to Pinjrapole. Dissatisfied with the order of the learned Magistrate, the owners of animals filed Criminal Revision Application before the learned Additional Sessions Judge, Banas