The custody of seized animals under the Prevention of Cruelty to Animals Act should be given to institutions capable of providing proper care and maintenance, and possession should not be handed over to owners if there is evidence of cruelty or if the animals are being transported for slaughter.

JUDGMENT :

1. Rule. Rule returnable forthwith by consent of the parties.

2. This petition is filed by Govansh Raksha Samaiti and Guru Ganesh Mishri Gopalan Seva Sangh through their authorized signatories. The challenge is to an order passed by the learned Additional Sessions Judge, Vaijapur, Dist. Aurangabad in Criminal Revision Application No. 10 of 2022, dismissing the Criminal Revision Application. A common order passed in Criminal M.A. Nos. 332, 336, 343, 349, 350, 357 of 2022 by the learned JMFC, Vaijapur was under challenge. The learned JMFC by his order had allowed the applications of the owners i.e. Cri.M.A. Nos. 332, 336, 343, 350 and 357 of 2022 directing to give interim custody of the cows and other cattles to the owners on executing Supurtnama. Cri.M.A. No.349 of 2022 filed by the petitioner came to be rejected seeking to retain custody.

3. The facts in short are that one FIR came to be lodged by API, Vaijapur Police Station bearing No.282 dated 09.07.2022 for the offence punishable under sections 5(qa), 11(1)(e) and 11 (1)(h) of the Prevention of Cruelty to Animals Act, 1960 (for short “The Cruelty Act”). It is alleged that at 07.30 p.m. on 08.07.2022 he received secret information that respondent No.5 herein, namely, Nadim Jabbar Qureshi, respondent No.6 – Sahil Sattar Qureshi and respondent No.4 – Sahil Sattar Qureshi have detained cattles in the shed for the purpose of slaughtering. On receiving the information police party raided the said shed along with two panchas. They raided the shed at Millat Nagar, Vaijapur at 08.30 p.m. They found 19 cattles of Govansh breed. In the second shed they found 21 cattles including one calf and in third shed they found 10 cattles detained in cruel manner. The cattles in the first shed were belonging to Sahil Sattar Shaikh. The cattles in the second shed were belonging to Nadim Khan and cattles in the third shed were belonging to Sattar Qureshi. The owners were not found on the spot. By conducting raid the said cattles were seized under panchanama and were taken to petitioner No.2 Goshala. The cattles were thereafter shifted to petitioner No.1 – Goshala at Malegaon, Dist. Nashik.

4. In the Trial Court, Respondent no.2-Shakil Sharif Pathan filed Cri. Misc. Application 332 of 2022 for possession of four cows and one calf. Respondent No.3-Moshin Ayyub Qureshi filed Cri.Misc. Application No.336 of 2022 for possession of 2 cows and 2 calves. Respondent No.4-Sahil Sattar Qureshi filed Cri.M.A. No.343 of 2022 for possession of 16 cattles. Respondent No.5 – Nadim Jabbar Qureshi filed Cri.M.A. No.350 of 2022 for possession of 2 cows and 4 female calves. Respondent No.6 – Sahil Sattar Qureshi filed Cri.M.A. No.351 of 2022 for possession of 2 cows and 1 calves.

5. Guru Ganesh Mishri Gopalan Seva Sangh petitioner No.2 filed application praying for direction to comply with the mandatory provisions of Rule 3(a) of the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 and for custody of the said 50 cattles.

The petitioners further prayed for directions to the respondents to pay a sum of Rs.200/- per cattle per day as per circular dated 03.05.2018 issued by the Maharashtra Animal Welfare Board and for such other reliefs.

6. The learned JMFC by way of common order rejected Cri.M.A. No.249 of 2022 and allowed all other applications directing possession of the respective cattles to be handed over to the owners on furnishing supurtnama. It was further directed to the owners of the respective cattles to pay Rs.200/- per day for each cattle to respondent No.2 – Guru Ganesh Mishri Gopalan Seva Sangh. The learned JMFC mainly considered that all the owners have filed on record the Shop Act Licences, purchase receipts of the animals, Udayan Registration certificate of their business and photos of Gaushala at Ghaygaon. The learned Court also observed that all the owners have proved that they are owners of the respective cattles. There is no material to show that the c