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1993 Supreme(Bom) 13

A.V.SAVANT
Shaikh Dawood Shaikh Biban – Appellant
Versus
Municipal Corporation of Greater Bombay and others – Respondent


JUDGMENT -A.V. SAVANT, J.:---By this petition, the petitioner has challenged the action of seizure of 193 live goats made by the respondents from the petitioner on 5th November, 1988 on the ground that the seizure and the subsequent disposal thereof was arbitrary, illegal and contrary to the provisions of the Bombay Municipal Corporation Act, 1888. The few facts leading to the dispute can be summarised as under.

2. On 5th November, 1988 the officers of the Bombay Municipal Corporation had a prior intimation that some goats were likely to be carried by some persons on behalf of the petitioner either to Ghatkoper, Kurla or Chembur for slaughter and not to Denoar abattoir where they ought to have been carried in accordance with the scheme of the provisions of sections 410, 411, and 412 of the B.M.C. Act, 1888. The officers of the Corporation claimed to have kept a watch on 5th November, 1988 on the Eastern Express Highway which leads to Ghatkopar Linking Road. One Arvind Balwant Naiksatam alongwith Dr. Badwe and Shri Kadam, Inspector of Police and his staff waited on the Eastern Express Highway. In the evening they noticed a truck bearing No. MHL 4406 coming from Mulund Check-naka on

































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