Point of Law: 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 essence and is virtually a part of "due process"

ORDER :

1. By way of this criminal revision application under Section 397 read with section 401 of Criminal Procedure Code, the following reliefs are sought by the petitioner:-

“9(A) This Hon’ble Court may be pleased to admit and allow this application.

(B) This Hon’ble Court may be please to quash and set aside the judgment and order dated 06.02.2021 passed by the learned 4th Additional Sessions Judge, Surendranagar in Criminal Revision Application No. 38 of 2020;

(C) This Hon’ble Court may be pleased to direct the respondents to pay costs towards maintenance and treatment to the applicant as per the provisions of the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 read with the Circular dated 03.05.2018 issued by the Animal Welfare Board of India.

(D) Pending hearing and final disposal of this application, this Hon’ble Court may be pleased to stay the implementation, operation and execution of the order dated 06.02.2021 passed by the learned 4th Additional Sessions Judge, Surendranagar in Criminal Revision Application No. 38 of 2020;

(E) Any other and further relief/s as deemed just and proper looking to the facts of this case may kindly be granted in favour of the applicant in the interest of justice.”

2. The case of the petitioner in brief is that the Vice President of one Trust named as “Vardhaman Jivdaya Parivar Charitable Trust”, Mr. Raghu Sindhav received an information that one truck bearing no. GJ-13-V-8210 is in transit, whereby in an illegal manner and in utter violation of applicable laws is transporting animals from Viramgam to Surendranagar. Accordingly, the complainant and his colleagues tried to intercept the truck, but the driver of the truck did not stopped it and upon further interception, the truck was stopped at Wadhwan and on inspection has found that the top of the truck was sealed with “tadpatri” and some 27 male buffaloes aged about 1.5.- 2 years were being being transported in a very cruel and gruesome manner, as they were tied up with tight ropes and there was no space for movement, no facility of food, water and “tadpatri” was covered in such a manner that no proper air circulation was made available. On further inquiry from the driver, it was informed that animals were loaded by respondent no. 2 herein from Mr. Akram A.K.A. Iqbal Habibbhai Kureshi, of Viramgam who is indulging in such kind of activity. Since animals were transported in such a cruel manner, an FIR being C.R. No. 11211056200556 of 2020 was lodged before Surendranagar “B” Division Police Station for offences punishable under Sections 11(1) (d), 11(1) (e) and 11(1) (h) of the Prevention of Cruelty to Animals Act, 1960. Subsequently, the Police authority made an application dated 26.09.2020 before the learned Judicial Magistrate First Class, Wadhwan to pass appropriate order to keep 27 buffaloes in Panjrapol i.e. the present petitioner named as Shri Wadhwan Mahajan Panjrapol which is a Trust registered under the Bombay Public Trust Act. The said application was given on the premise that there is no facility to keep such live stock mudammal at the concerned Police Station and there is no facility to meet with the requirement of food, water, shelter, sanitary and other necessities of such buffaloes and as such, an order came to be passed directing to keep such buffaloes at a place of the petitioner – Shri Wadhwan Mahajan Panjrapole.

2.1. Pursuant to such order passed by the learned Magistrate, custody of the buffaloes were kept at the premise of the Panjrapole. Thereafter, on 07.10.2020, respondent no. 2 moved an application before the learned Judicial Magistrate, First Class, Wadhwan seeking release of such buffaloes by way of Mudammal Application No. 26 of 2020, whereby, respondent no. 2 asserted before the learned Magistrate that he is engaged in the business of Animal Husbandry and selling of animals and has asserted his ownership right over the buffaloes by way of filing an affidavit related to s