JUDGMENT :

Heard Mr. Harsh Pandya, learned Senior Counsel, assisted by Ms. S. Agarwal, learned counsel for the petitioner and also heard Mr. D. Das, learned Addl. Public Prosecutor for the State respondent No. 1 & 2 and Mr. T. Chutia, learned counsel for the private respondents, No. 3 to 8.

2. Legality, propriety and correctness of the order, dated 06.04.2021, passed by the learned Sub-Divisional Judicial Magistrate (M), Biswanath Chariali, in Biswanath Chariali P.S. Case No.33/2021, under Section 420/429/511 IPC, read with Section 11(a)(d)(h) of the Prevention of Cruelty to Animals Act, 1960, is challenged in this petition, under Section 397/401, read with section 482 of the Code of Criminal Procedure, 1973 by the petitioner-Dhyan Foundation. It is to be mentioned here that vide impugned order, the learned Sub-Divisional Judicial Magistrate (M), Biswanath Chariali, allowed custody of the seized 62 numbers of cattle, in favour of the private respondent Nos.3 to 8, by rejecting the prayer of the petitioner for interim custody.

3. The factual background leading to filing of the present petition is briefly stated as under:-

“On 07.02.2021, at about 2:35 PM, the Officer-in-Charge, Biswanat