JUDGMENT - S.S. PARKAR, J.:---Rule. By consent rule is made returnable forthwith. The learned Counsel for the respondents waive service. Heard the Counsel for the parties at length.

2.The petition challenges the order dated 21st November, 1997, passed by the learned Metropolitan Magistrate, presiding over the 10th Court, Andheri, Mumbai in Criminal Case No. 654/N/1997 whereby six animals which were detained at Sanjay Gandhi National Park, Borivali, Mumbai under the previous order dated 29th October, 1997 belonging to respondent No. 2, were directed to be returned to the respondent No. 2 under certain conditions.

3.The brief facts leading to the present petition can be summerised thus:

The respondent No. 2 is the owner of the circus called "Golden Circus" which is, at present, running its shows at Jogeshwari, Mumbai. The shows commenced at the said place from 25th October, 1997. The petitioner who is an Honorary General Secretary of Society or a trust called "Ahimsa" a registered Public Charitable Trust and is recognised as Animal Welfare Officer by the Animal Welfare Board of India, had visited the said circus and witnessed the performance on 25th October, 1997 when she suspected th

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