1. Heard finally at the motion hearing stage.

This is an application under section 482 of CrPC, praying for invoking extraordinary jurisdiction vested in this Court and pass order of the interim custody of the animals seized by police Bhagwanpura to the present applicants on the ground that they are the owners of those animals which are 835 bullocks and calves.

2. Learned counsel for the applicants 'submitted that the applicants are in business of purchasing cows, buffaloes and calves from the fair of Rajasthan and selling them in Maharashtra and Madhya Pradesh. At the relevant time 2300 buffaloes and cows were taken by them after .getting a valid permission from the concerning authority of Rajasthan towards Maharashtra for the purpose of selling them in the markets of Maharashtra, but some person committed criminal conspiracy against them and crime No. 322/05 was registered at Police Station Bhagwanpura and these animals were seized by the police, and thereafter, were given in interim custody to respondents No.2 to 5. He further submitted that the present applicants are the owners of the animals and the interim custody of the animals should be given to them. The trial Court as well as the revisional Court committed an error in giving custody to respondents No. 2 to 5 who claim to be Gaushalas and in their custody the animals are dying every day.

3. Learned Panel Lawyer submitted that as per the first information report the applicants were carrying the animals towards Maharashtra for the purpose of slaughtering, and therefore, to prevent this cruelty on animals, these animals were seized by the police of Bhagwanpura, District Khargone and now the case is pending against the applicants in the competent Court of Khargone District. As the applicants are facing charge under the Provision of M.P. Gauvansh Adhiniyam and Cruelty to Animals Act, 1960 as well as other provisions of some other Acts, therefore, they are not entitled to get even interim custody of these animals.

4. A report in this regard has been called from District Magistrate Khargone. The District Magistrate has not sent any report but a report has been received from the Office of the Deputy Director Veterinary Services to the effect that out of 835 animals, which were given on Supurdginama to respondents No.2 to 4, 14 animals died in the way while they were being carried towards Gaushalas, thereafter, from the date of Supurdginama till today 76 animals have further died and now out of those 835 animals only 745 animals are there in the custody of Gaushalas.

5. This State of affairs is shocking. The animals were given to Gaushalas for proper care and feeding while it appears that the Gaushalas failed to take proper care of the animals and that is why 14 animals died in the way and, thereafter, 76 died in Gaushalas. In the opinion of this Court looking to this mysterious act atleast these animals are not entitled to remain in custody of these Gaushalas.

6. Now the question is as to whom the interim custody of these animals should be given? Learned counsel for the applicants submitted that only the applicants are proper persons being the owner of these cattle. He has further submitted that applicants are ready to abide any conditions imposed by this Court.

7. Record shows that in the first information report it is alleged that applicants were carrying these cattle towards Maharashtra for the purpose of slaughtering. In the FIR itself an admission has been recorded to the effect by the applicant to the police that they were carrying cattle towards Maharashtra for the purpose of slaughtering. Learned counsel for the applicant submitted that this allegation is prima facie false and not acceptable in view of the fact that all the cattle are cow calves of about 2 to 5 years of age and they are only being used for the purpose of agricultural operations.

8. The contention of the learned counsel for the applicants appears reasonable and