The main legal point established in this judgment is that the welfare and protection of animals should be prioritized, and custody should be given to a registered organization capable of providing proper care and welfare.

JUDGMENT :

1. RULE. Rule made returnable forthwith. Heard finally by consent of the learned advocates for the parties.

2. The issue involved in both the petitions is identical and therefore, both the petitions are being disposed of by the common judgment.

3. In both the writ petitions, filed under Article 227 of the Constitution of India, challenge is to the order dated 23.08.2022, passed by the learned Additional Sessions Judge-16, Nagpur, whereby the learned Judge dismissed the revision applications filed by the petitioners challenging the order dated 11.04.2022 passed by learned Judicial Magistrate, First Class, Nagpur. Learned Magistrate by his order dated 11.04.2022 rejected the prayer for handing over custody of seized animals in crime bearing Nos. 121/2022 and 111/2022, respectively, registered with Police Station, Gittikhadan, Nagpur for the offences punishable under Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960 (hereinafter referred to as ‘the Act of 1960’ for short) and Sections 66 and 192 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the M.V. Act.” for short).

4. In Criminal Writ Petition No. 708/2022, Petitioner no.1 is claiming to be the owner of 18 cattle, petitioner no.2 is claiming to be the owner of 16 cattle and petitioner no.3 is claiming to be the owner of 15 cattle. It is the case of the prosecution that on 10.03.2022, the informant, who is a police officer, at about 5.20 p.m., received an information that animals are being illegaly transported in the trucks bearing registration nos. MH-48/AY-0917 ; MH-20/EG-4051 ; and MH-20/EL-7251. The informant with the other officers went to Katol Naka. He intercepted the trucks. He found 18 cattle in truck No. AY-0917, 15 cattle in truck No. EG-4051 and 16 cattle in truck No. EL-7251.

5. In Criminal Writ Petition No. 715/2022, the sole petitioner is claiming to be the owner of 19 cattle. It is the case of the prosecution that on 01.03.2022, the informant, who is a police officer, at about 10.45 p.m., received an information that animals are being illegally transported in a truck bearing registration no. MH-40/CD-7666. The informant with the other officers went to Katol Naka. He intercepted the truck. He found 19 cattle in the said truck.

6. It is the case of the prosecution that the animals (buffaloes) were being transported in inhuman condition. The animals were dumped in the vehicles. The animals were subjected to unnecessary pain and suffering. The transportation of the cattle was contrary to the provisions of law and rules. Therefore, the informant / police officer by drawing panchanama on the spot of the factual situation, seized all the animals in both the crimes. The Investigating Officer handed over interim custody of the animals to respondent no.2 – Maa Foundation Goushala, a registered trust.

7. The petitioners, who are not the accused in these crimes, applied for custody of the animals. It is their case that they are having licence for purchase and sell of the animals from APMC market. The animals were purchased by them. The animals were being transported for sell to another APMC market. The animals include milching buffaloes. The petitioners being the owners of the milching buffaloes are entitled to get the custody.

8. The applications filed by the petitioners were opposed by the State. A separate application was filed by respondent no.2 – Maa Foundation with the prayer to issue directions to continue custody of the animals with the respondent no.2. In the reply, the prosecution reiterated the case set out in the first information report. It is contended that as per Section 35 of the Act of 1960, interim custody has to be handed over to any of the institutions mentioned in the Section. Respondent no.2 is the registered Gaushala. It is further contended that interim custody of the animals be retained with respondent no.2 inas