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B. P. DESHPANDE
Dhyan Foundation – Appellant
Versus
State of Goa – Respondent
JUDGMENT/ORDER
1. Rule. Rule is made returnable forthwith. Heard the matter at the admission stage for final disposal with consent.
2. The Petitioner being a Society registered under the Societies Registration Act, having its office at New Delhi, through its representative, preferred the present Petition under Sec. 482 of Cr.P.C. and Articles 226 and 227 of the Constitution of India, thereby challenging the orders passed by the learned Magistrate dtd. 30/7/2022 in Criminal Miscellaneous Application No. 271/Release/2022/C and the order of the learned Additional Sessions Judge, South Goa, Margao dtd. 8/9/2022 passed in Criminal Revision Application No. 48/2022.
3. Heard Mr. Harish Pandya for the Petitioner, the learned Additional Public Prosecutor, Mr. Nikhil Vaze for Respondent Nos. 1 and 2 and Mr. Arun Bras De Sa for Respondent No. 3.
4. Mr. Pandya, learned Counsel for the Petitioner would submit that both the orders passed by the Courts below are perverse and illegal and are passed without considering the material placed on record. He submits that the custody of two bulls, which is with the Petitioner-Society could not have been ordered to be handed over to Respondent No. 3 since h
The necessity of proving ownership and the lack of locus standi for a party to challenge custody orders in the absence of an FIR or ongoing investigation under relevant animal welfare laws.
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.
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....
Point of Law : Section 451 Cr.P.C. it appears that unless owner of the animal in respect of which he is facing prosecution, is deprived of the custody (which can be done only on his conviction under ....
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....
animals’ well-being and welfare have been statutorily recognized under Section 3 and Section 11 of the PCA Act and the rights framed under the Act. Right to live in a healthy and clean atmosphere and....
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....
Interim custody of seized property under Section 451 of Cr. P.C. should be granted absent rival claims, focusing on preservation pending trial.
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