14.11.2025 cm CRR 812 of 2025 In the matter of : Dhayn Foundation Gaushala.

…. petitioner.

Mr. Vinay Kr. Shraff Mr. Dev Kr. Agarwal Mr. Abhilash Mishra …. for the petitioner.

Mr. Sourav Koley … for the opposite party No.2 Mr. Bibhasan Bhattacharyya Ms. Debjani Sahu … for the State

1. The report, as produced on behalf of the State, is kept on record.

2. This revisional application has been filed challenging the legality and/or propriety of the order dated 11th February, 2025, passed by the Learned Additional Sessions Judge, Second Court, Howrah, in Criminal Revision No. 03 of 2025. The said revision had been preferred against the order dated 31st December, 2024, passed by the Learned Chief Judicial Magistrate, Howrah, in connection with Sankrail P.S. Case No. 934 of 2024 dated 3rd December, 2024 corresponding to G.R. Case no. 6099 of 2024. By the order dated 11th February, 2025, the learned Court directed grant of interim custody of 39 cattle to opposite party no. 2, namely, Jalauddin Mondal, upon execution of a Zimm- Nama bond of Rs. 10,00,000/- before the learned trial court, on the conditions that he shall properly maintain the cattle, produce them as and when required, and shall not sell them until disposal of the G.R. Case no. 6099 of 2024.

3. Before examining the issue arising for consideration in the present revisional application, it would be apposite to refer to the essential facts leading to its filing.

4. On 3rd December, 2024, one S.I. Susanto Roy lodged a complaint before Sankrail P.S., Howrah, inter alia, alleging that, upon receiving information from a source regarding transportation of a large number of cattle in an overcrowded and inhumane condition, he along with some colleagues proceeded to verify the information and intercepted a truck bearing No. WB12BG-3045. The truck was intercepted and, upon inspection, it was found that a significant number of cattle were being transported in an overcrowded condition. Many of the animals were in distress, showing signs of severe malnourishment and exhaustion, and when questioned, the individuals travelling in the truck failed to produce any documents showing their authority to transport the cattle.

5. It was also alleged in the FIR that the truck lacked the basic provisions necessary for carrying such a large number of cattle over a long distance. Considering the deplorable conditions in which the cattle were being transported, the complainant lodged a complaint alleging violation of Section 11 of the Prevention of Cruelty to Animals Act, 1960 and Rules 47(a)/49(a)/51/52/56 of the Transport of Animals Rules, read with Sections 223/303(2)/317(2)/325 of the Bharatiya Nyaya Sanhita, 2023 (for short, BNS, 2023).

6. Based on such complaint, Sankrail P.S. Case No. 934 of

2024 dated 3rd December, 2024 was started. In the course of investigation, custody of approximately 59 cattle was taken by the investigating authority. The record reveals that on 6th December, 2024, the Investigating Officer presented an application before the Learned Chief Judicial Magistrate, Howrah, with a prayer for grant of custody of those 59 cattle to a Non-Government Organization (NGO), namely Dhyan Foundation Gaushala, Jharkhand. The order dated 7th December, 2024 passed by the Learned Chief Judicial Magistrate, Howrah indicates that such prayer was accepted and charge of those cattle was handed over to Dhyan Foundation, the petitioner herein.

7. On 18th December, 2024, two different persons, namely opposite party no. 2 herein and another individual, filed separate applications seeking return of the 59 cattle. Opposite party no. 2 claimed ownership over 39 of the cattle, while the other individual claimed ownership of the remaining 20. However, by an order dated 31st December, 2024, both applications seeking return of the 59 cattle were rejected.

8. Aggrieved by that order, both petitioners, including opposite party no. 2, preferred a revision before the Learned Sessions Judge, Howrah, which was ultimately trans