Supreme Court Restores Custody of Seized Cattle to Gaushala in Maharashtra

The Supreme Court of India recently delivered a judgment in the case of Shri Chatrapati Shivaji Gaushala vs. State of Maharashtra & Others, ruling in favor of the appellant gaushala and restoring the custody of seized cattle. The case revolved around the transportation of cattle in alleged violation of the Maharashtra Animal Preservation Act and the Prevention of Cruelty to Animals Act.

Background of the Case

On March 17, 2019, a truck carrying eighteen cattle—fifteen bullocks and three buffaloes—was intercepted by authorities in Maharashtra. The driver was unable to provide valid permits, leading to the seizure of the cattle and the registration of FIR No. 59 of 2019 at the Parbhani Rural Police Station. The charges included violations of:

• Section 5A of the Maharashtra Animal Preservation Act
• Section 6 of the Maharashtra Animal Preservation (Amendment) Act, 1995
• Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960
• Section 117 of the Motor Vehicles Act, 1988

Following the seizure, two parties claimed custody: the second to eighth respondents (who claimed ownership of the cattle) and the appellant, Shri Chatrapati Shivaji Gaushala, an organization dedicated to animal welfare.

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Legal Battle Over Custody

Judicial Magistrate First Class (JMFC) Order

The JMFC granted interim custody to the appellant gaushala, reasoning that the cattle would be safer under their care. The private respondents were required to pay ₹100 per head per day for maintenance.

Sessions Court Reversal

The Additional Sessions Judge overturned this decision, ruling in favor of the private respondents. The court held that as the claimed owners, they had a preferential right to custody under Section 457 of the Code of Criminal Procedure (CrPC).

High Court Decision

The appellant gaushala challenged the Sessions Court’s decision in the High Court, which dismissed the petition and upheld the Sessions Court’s ruling. The High Court acknowledged that the cattle were transported in violation of Rule 56 of the Transport of Animals Rules, 1978, but found no evidence of physical harm or starvation. It relied on the Supreme Court’s ruling in Manager, Pinjrapole Deudar v. Chakram Moraji Nat (1998), which granted courts discretion in deciding custody.

Supreme Court’s Observations

The Supreme Court, after considering the case in depth, made the following key observations:

• The Maharashtra Animal Preservation Act aims to protect cattle from illegal slaughter and mistreatment.
• Section 8(3) of the Maharashtra Act mandates that pending trial, seized cattle should be handed over to an animal welfare organization such as a gaushala.
• The High Court erred in relying on Manager, Pinjrapole Deudar, which dealt with the Prevention of Cruelty to Animals Act rather than the Maharashtra Act.
• The High Court failed to consider the legislative intent behind the Maharashtra Act, which prioritizes animal welfare organizations over individuals in cases of suspected illegal transport.

Final Verdict

The Supreme Court set aside the High Court’s decision and restored the JMFC’s order, granting interim custody of the cattle to the gaushala. The Court directed that the trial be expedited and concluded within six months to prevent prolonged detention of animals in legal custody.

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Conclusion

This judgment reinforces the importance of upholding animal welfare laws and ensuring that legal provisions are correctly interpreted. By prioritizing the protection and humane treatment of animals, the Supreme Court has reaffirmed its commitment to justice and the rule of law.

Petitioner Name: Shri Chatrapati Shivaji Gaushala.
Respondent Name: State of Maharashtra and Others.
Judgment By: Justice Dhananjaya Y Chandrachud, Justice Hima Kohli.
Place Of Incident: Maharashtra.
Judgment Date: 30-09-2022.

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