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G. A. SANAP
Ansar Ahmad S/o. Sheikh Sattar Qureshi – Appellant
Versus
State of Maharashtra, Thru. P. S. O. , Gittikhadan, Nagpur – Respondent
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 “
Section 35 of the Act provides that for proper care and treatment of animals in respect of which offences under this Act have been committed, such animal can be kept in pinjrapole with a direction th....
The main legal point established in the judgment is that the accused, prima facie guilty of causing cruelty to the animals, was not entitled to interim custody of the seized cattle.
Section 11(1)(a) provides that:-If any person beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so as to subject it to unnecessary pain or suffering or causes....
Ownership of animals does not guarantee custody if the owner fails to comply with legal requirements for their transport and care, as established under the Prevention of Cruelty to Animals Act and re....
Vehicle owners are liable for maintenance charges of animals during custody, and interim custody can be granted under specific conditions to prevent deterioration of vehicle value.
In all common law jurisdictions, judgments play a vital role in setting up precedents for the future. Therefore, for development of law, requirement of giving reasons for the decision is of the essen....
The discretion of the Magistrate in granting interim custody and the need for expeditious trial proceedings to avoid prolonged custody of seized animals.
The court established that while vehicle owners are liable for the costs of maintaining seized animals, such costs must be reasonable and based on proper calculations, as outlined in the applicable r....
Custody of animals under the PCA Act must prioritize their welfare, and ownership must be substantiated to prevent further cruelty; interim custody cannot be granted based on forged ownership documen....
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