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ROHIT B. DEO, U. J. PHALKE
Roshan Omkar Tarare – Appellant
Versus
State of Maharashtra – Respondent
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 learn
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 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 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....
Section 11(5) provides that “on receipt of the report, the Judicial Magistrate 1st Class may, on his being satisfied that there is enough material to presume that a prima-facie offence under this Act....
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....
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