The importance of considering documentary evidence and the burden of proof in establishing forgery, as well as the requirement to provide proper care to animals as per the Prevention of Cruelty to Animals Act, 1960.

Z.A. Haq, J.

Heard Shri A.B. Mirza, advocate for the applicant, Shri N.B. Jawade, A.P.P. for non-applicant no.1 and Shri M.P. Khajanchi, advocate for non-applicant no.2.

2. Rule. Rule made returnable forthwith.

3. The applicant has challenged the order passed by the learned Magistrate on 1st April, 2013 rejecting the application filed by the applicant for grant of interim custody of 7 bullocks and allowing the application filed by the non-applicant no.2 under Section 451 and 457 of the Code of Criminal Procedure and granting interim custody of the bullocks to the non-applicant no.2. The applicant has also challenged the order passed by the Sessions Court on 18th June, 2013 dismissing the revision filed by the applicant and confirming the order passed by the learned Magistrate.

4. The Assistant Police Inspector, Hiwarkhed registered the Crime No.21/2013 against five persons for the offence punishable under Section 429, 468, 471 and 420 of the Indian Penal Code and under Section 11 of the Prevention of Cruelty to Animals Act, 1960 (for short "Act of 1960"). The allegations against the accused are that the police team found one white bullock in slaughtered condition in Kasaipura locality of Hiwarkhed and at a distance of about 50 feet to 60 feet they found bullocks tied in a small place without water and fodder. It is alleged that accused prepared bogus receipts in the names of different persons showing that the bullocks were purchased by those persons. The 7 bullocks which were found tied, have been seized.

The applicant and the non-applicant no.2 filed applications under Section 451 and 457 of the Code of Criminal Procedure praying for interim custody of 7 bullocks. The learned Magistrate, by the impugned order, rejected the application filed by the applicant, allowed the application filed by the non-applicant no.2 and directed that the custody of 7 bullocks be given to the non-applicant no.2 on the conditions as stated in the order. The applicant being aggrieved by the order passed by the learned Magistrate, filed revision which is dismissed by the Sessions Court. The applicant being aggrieved in the matter, has filed this application under Section 482 of the Code of Criminal Procedure.

5. Shri Mirza, learned advocate for the applicant has submitted that the applicant is in business of sale and purchase of live stock, that the applicant is not concerned with the slaughtered bullock alleged to have been found by the police team, that 7 bullocks which are given in interim custody of the non-applicant no.2 were tied in a shed and they are owned by the applicant. It is submitted that the applicant has produced on the record of the trial Court receipts issued by the market Contractor of Grampanchayat Hiwarkhed and Agricultural Produce Committee to substantiate the claim that the bullocks are purchased by the applicant. It is submitted that the statement of the Market Contractor supports the contention of the applicant that he is the owner of the bullocks. It is argued that the failure on the part of the subordinate Courts to appreciate the documentary evidence and the statements on the record, vitiates the orders passed by them. The learned advocate has pointed out that at the time when the order was passed by the learned Magistrate, the investigation was going on, however, subsequently, after the investigation is completed and charge-sheet is filed on 13th January, 2014, the applicant is not shown as accused and there is nothing in the charge-sheet to show that the claim of the applicant that 7 bullocks, which are given in interim custody of the non-applicant no.2, are not owned by the applicant. It is prayed that the orders passed by the subordinate Courts be set aside, application filed by the applicant under Section 451 and 457 of the Code of Criminal Procedure be allowed and the non-applicant no.2 be directed to give the custody of 7 bullocks which were handed over to it, to the applicant.

6. Shri Jawade, learned A.P.P. has