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SUPREME COURT OF INDIA
G.B. Pattanaik, Brijesh Kumar, JJ.
State of U.P. - Appellant
Versus
Mustakeem and Others - Respondent
Criminal Appeal Nos. 283-287 of 2002
Decided On : 22-02-2002
Prevention of Cruelty to Animals Act, 1960 - Release of Animals - Court directs animals to be kept in Goshala pending criminal trial
Fact of the Case:
The State of Uttar Pradesh appealed against the direction of the Court to release animals in favor of the owner, who was alleged to have transported them for slaughter in violation of the Prevention of Cruelty to Animals Act, 1960.
Finding of the Court:
The Court set aside the impugned order and directed the animals to be kept in the Goshala under the responsibility of the State Government pending the criminal trial.
Issues: Release of animals pending criminal trial
Ratio Decidendi: The Court considered the serious allegations and charges in the criminal trial and decided to keep the animals in the Goshala under the State Government's responsibility.
Final Decision: The appeals were disposed of with the direction to keep the animals in the Goshala under the State Government's responsibility pending the criminal trial.
JUDGMENT :
G.B. Pattanaik, J.
Leave granted.
2. The State of Uttar Pradesh is in appeal against the direction of the Court directing release of the animals in favour of the owner. It is alleged that while those animals were transported for the purpose being slaughtered, an FIR was registered for alleged violation of the provisions of Prevention of Cruelty to Animals Act, 1960 and the specific allegation in the FIR was that the animals were transported for being slaughtered, and the animals were tied very tightly to each other. The criminal case is still pending. On an appeal for getting the custody of the animals was filed the impugned order has been passed. We are shocked as to how such an order could be passed by the learned Judge of the High Court in view of the very allegations and in view of the charges, which the accused may face in the criminal trial. We, therefore, set aside the impugned order and direct that these animals be kept in the Goshala and the State Government undertakes to take the entire responsibility of the preservation of those animals so long as the matter is under trial.
3. The appeals stand disposed of accordingly.
Appeals Disposed of.
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