The central legal point established in the judgment is the duty to ensure animal welfare and prevent unnecessary pain or suffering, as mandated by the constitutional and legal provisions discussed in the judgment.

Heard learned counsels for the parties.

Backgrounds:-

1. The Circle Officer, Kishanganj noticed that 61 camels have been brought in the campus of Khagara Mela (an animal fair), at Kishanganj. The Circle Officer suspected that the camels have been brought to the knowledge of Amit Kumar Das, the owner of Khagara Mela. Then he filed a written complaint to the Station House Officer, Kishanganj stating therein that in the night camels have been unloaded from trucks in the campus of Khagara Mela. The same should be seized and necessary prosecution be launched against the owner of the Mela. On the basis of aforesaid information Kishanganj Police Station Case No. 543 of 2016 was registered on 29.11.2016. The seizure of the camels was news of that day in the local newspapers. Suspicion was raised that the same was being transported for the purpose of slaughter in Bangaladesh.

2. The petitioner Dhyan Foundation is a registered trust vide registered trust deed at Annexure-13. The Foundation is a spiritual and charitable organization working for the welfare of the animals as per averment in paragraph no. 5 of the supplementary affidavit on oath. The petitioner works closely with the governmental agencies like Environment Ministry, Husbandary Department, Government of India vide Annexure-5 series. As soon as the writ petitioner got knowledge of the seizure of camels in Kishanganj, through the then volunteer Niru Gupta took up the matter and filed a petition before the leaned Chief Judicial Magistrate, Kishanganj for entrustment of interim custody of the camels in favour of the petitioner so that he may be carried to Rajasthan which is the natural safe place for the life of the camels.

3. Respondent no. 4 to 8 also filed a petition before the learned Chief Judicial Magistrate, Kishanganj, vide Annexure-B to the counter affidavit of the State-respondents, for release of the camels in their favour only on the ground that they are owners thereof.

4. The Circle Officer, Kishanganj i.e. the informant of the aforesaid police case also reported that to save life of the camels the same be released in favour of Dhyan Foundation vide Annexure-3.

5. The Investigating Officer reported that the so-called owners are residents of Uttar Pradesh and they have carried the camels from Rajasthan, their natural place, to Kishanganj which is not a favourable climatic zone for happy life of the camels, hence, intention of the so-called owners is apparent. Moreover, they have exported the prohibited animals from Rajasthan-via-Uttar Pradesh to Kishanganj, apparently, with intent to get them slaughtered, hence, the same need not be released in favour of the owners.

6. The Investigating Officer submitted another report vide Annexure-4 that climate of Kishanganj is not favourable for the camels, hence, the same be released in favour of the petitioner for the purpose of being carried back to Rajasthan.

7. The learned Chief Judicial Magistrate, Kishanganj allowed the prayer of the petitioner by order dated 03.12.2016. Respondent no. 4 to 8 filed Cr. Revision No. 40 of 2016 before the learned District & Sessions Judge, Kishanganj challenging the aforesaid order of the learned Chief Judicial Magistrate, Kishanganj on the ground that they were owners of the said camels, hence, without hearing them, the learned Chief Judicial Magistrate, Kishanganj should not have passed the order dated 05.12.2016. Further the camels were property of the petitioner, hence, those could not be released to anyone else. The learned Sessions Judge stayed the order of the learned Chief Judicial Magistrate by the impugned order dated 14.12.2016 on the ground that since criminal revision has been admitted for hearing and it would be frustrated if no stay is granted.

Prayer Herein

8. Thereafter, the petitioner invoked the writ jurisdiction of this Court under Articles 226 and 227 of the Constitution of India praying therein for quashing the order dated 14.12.2016 passed by the learned District & Ses