IMPORTANT POINT
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 rules.

JUDGMENT/ORDER

URMILA JOSHI-PHALKE, J. - Heard finally with the consent of learned Counsel for the parties.

2. By invoking the jurisdiction under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order passed by the Additional Sessions Judge, Bhandara by which the application of the petitioner for releasing vehicle one Bolero Pickup of Mahindra Company bearing Registration No.MH-40-N-6400, is released on condition that the petitioner shall deposit Rs.30, 000.00 (Rs. Thirty thousand) before the Judicial Magistrate First Class, Sakoli and executing Indemnity Bond of Rs.3, 00, 000.00 (Rs. Three lakhs). In compliance the learned Judicial Magistrate First Class calculated Rs.8, 03, 000.00 at the rate of Rs.200.00 per day per cattle from 10/10/2019 to 09/10/2020. It is further directed that the Judicial Magistrate First Class shall determine the cost of transportation, care, maintenance and medicine of the animals seized in the crime from the date of its seizure till passing of the order and further directed that the cost so determined shall be paid to appropriate person from the amount of Rs.30, 000.00 which will be deposited by the petitioner. The learned Magistrate is further directed to determine the monthly amount which is sufficient to cover all responsible cost incurred for maintenance and treatment of animals seized in the crime as provided under the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017.

3. It is the contention of the petitioner that the police station Sakoli registered an offence punishable under Sec. 11(1) of the Prevention of Cruelty to Animals Act, 1960 read with Sec. 5 of the Maharashtra Animal Preservation Act, 1995 and seized the vehicle of the petitioner i.e. Mahindra Bolero Pickup bearing Registration No.MH-40- N-6400. The offence was registered on an allegation that the prohibited animals are transported in the said vehicle without obtaining due certificate and thereby committed an offence.

4. It is further the contention of the petitioner that he applied for releasing of the vehicle under Sec. 457 of the Code of Criminal Procedure before the Judicial Magistrate First Class, Sakoli by filing Miscellaneous Criminal Case No.140/2019. The Judicial Magistrate First Class had rejected the said application on 26/06/2020. Being aggrieved by the order dtd. 26/06/2020, the petitioner preferred Criminal Revision Application bearing No.22/2020. The said Criminal Revision Petition No.22/2020 was allowed on 12/08/2020 subject to the condition on depositing Rs.30, 000.00 before the Judicial Magistrate First Class, Sakoli and executing bond of Rs.3, 00, 000.00 (Rs. Three lacs). The Sessions Court also directed to the Judicial Magistrate First Class, Sakoli to determine the cost of transportation, care, maintenance and medicine of the animals seized in the crime from the date of its seizure till passing of the order. It was further directed that the cost so determined shall be paid to appropriate person from the amount of Rs.30, 000.00 which will be deposited by the petitioner. The Sessions Court also directed to the Judicial Magistrate First Class, Sakoli to determine the monthly amount which is sufficient to cover all responsible costs incurred for maintenance and treatment of animals seized in the crime. The learned Judicial Magistrate First Class calculated Rs.8, 03, 000.00 at the rate of Rs.200.00 per day per cattle from 10/10/2019 to 09/10/2020.

5. It is the contention of the petitioner that the custody of the vehicle has been granted to the present petitioner subject to condition that he shall pay Rs.200.00 per day per cattle. The Government of India issued Notification in respect of the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017.

6. Rule 5 Clause 4 and 5 of the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 have not been interpreted correctly.

7.