JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. J.C. Gaur, learned counsel for the petitioner and also heard Mr. K. Baishya, learned Addl. Public Prosecutor for the State respondent No. 1.

2. Legality, propriety and correctness of the order, dated 05.09.2022, passed by the learned Judicial Magistrate First Class, Kamrup, Guwahati (M), in Garchowk P.S. Case No. 159/2022, under Section 11(1) of the Prevention of Cruelty to Animals Act, 1960, is challenged in this petition, under Section 397/401, of the Code of Criminal Procedure, 1973 by the petitioner-Dhyan Foundation. It is to be mentioned here that vide impugned order, the learned Judicial Magistrate has allowed interim custody of the seized 3 numbers of cattle, in favour of the private respondent Nos. 2 & 3, by rejecting similar prayer of the petitioner seeking interim custody of the said 3 nos. of cattle.

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

“On 22.05.2022, at about 12:30 PM, the one Anirban Sen, while he was travelling, had seen three cattle being tied with rope over neck and carried in a small vehicle bearing Registration No. AS-25 DC-1977, from Jalukbari to the City through NH 37