termed that he was transporting the same for slaughter purpose. In that view
of the matter, the perversity is crept in the Judgment delivered by the
learned Additional Sessions Judge, Dhule and it cannot be stands
scrutiny of law.
Khandu s/o Bhivasan Borse.
Versus
The State Of Maharashtra.
The Manager,
Panjara Poli Prani Rakshak Sanstha,
Dhule
Criminal Writ Petition No.1521 Of 2014.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
BENCH AT AURANGABAD.
CRIMINAL APPELLATE JURISDICTION.
CORAM : V.M. DESHPANDE, J.
DATE : 14th JANUARY, 2015.
Citation;2015 ALLMR(CRI)1034
Rule. Rule made returnable forthwith. With the consent of both the
parties, taken up for final hearing.
[2]
I have heard Mr. Prakashsingh B. Patil, learned counsel for the
Petitioner, Mr. V.H. Dighe, learned Additional Public Prosecutor for the
State of Maha. and Mr. Vishnu Madan, learned counsel h/for Mr. N.L.
Chaudhari, learned counsel for Respondent No.2 in extenso.
[3]
On 21st September, 2014, F.I.R. was lodged with Police Station,
Azhadnagar, Tal.Dhule vide C.R.No.131/2014 in respect of offences
punishable under Sections 11(A),(B),(D),(F) of Maharashtra Preservation of
Animals Act, 1960 and under Section 83 read with 177 and Section 130(1)
The said offence was registered against the present applicant
[4]
of the Motor Vehicle Act, 1988.
alongwith other persons. It is alleged in the said F.I.R. that the when First
Informant – Police Constable Pankaj Vinayak Khairmode was on patrolling
duty alongwith other police staff, he noticed matador bearing registration
No. MH/18/A/7722 was carrying live stock (bullocks 4 in number). Said
vehicle was intercepted and upon enquiry with the driver it was revealed
that, live stock belongs to present applicant. The driver was unable to give
When the enquiry was going on, First Informant noticed another
[5]
satisfactory reply to the queries put to him by the First Informant.
TATA X matador bearing registration No.MH/18/M/9088 that vehicle was
also intercepted. In that vehicle also it was found to be carrying live stock
(bullocks – 3 in number) and when the enquiry was made to the driver, it
was disclosed to the First Informant that live stock belongs to Shabbirshah
Ukkhanshah Fakir. According to the F.I.R., the said live stock in those two
vehicles were transported in cruel manner, therefore, offence was registered
and the custody of that live stock was taken by the Police authority.
[6]
Two different applications were filed before the learned Magistrate by
the owners of those live stock namely present applicant Khandu s/o
Bhivasan Borse and Shabbirshah Ukkhanshah Fakir.
[7]
The application filed under Section 457 of the the Code of Criminal
Procedure by the present applicant was registered as Criminal M.A.No.
1005/14 where-as application filed on behalf of the Shabbirshah was
registered as Misc.Appln. No.1002/14. The learned Magistrate rejected both
the Criminal Applications.
Both the owners preferred two different Criminal Revision
Applications in the Sessions Court, Dhule. Both the Criminal Revision
Applications were made over to the file of the Additional Sessions Judge,
[9]
Dhule.
Criminal Revision Application filed on behalf of the present
petitioner was registered as Criminal Revision Application No.96/14 where-
as Criminal Revision Application filed on behalf of the Shabbirshah Ukkhan
On 28th October, 2014 the learned Additional Sessions Judge,
[10]
-shah Fakir was registered as Criminal Revision Application No. 100/14.
Dhule allowed Criminal Revision Application No.100/14 filed by Shabbir
-shah and, thereby, the order passed by the learned Magistrate rejecting
application for the interim custody of live stock was set aside and it was
directed by the learned revisional court to hand over the custody of the live
stock to Shabbirshah on he executing indemnity bond of Rs.40,000/- and
upon condition that live stock will not be subjected to cruelty and will not
be slaughtered.
[11]
Criminal Revision Application No.96/14 filed on behalf of the
present petitioner was taken up for hearing and decided on 2 nd December,
2014. The very learned Additional Sessions Judge, who allowed Criminal
Revision Application No. 100/14 was pleased to reject the Criminal
Revision Application filed on behalf of the present petitioner.
[12]
Present Writ Petition is against the rejection of Criminal
Revision Application No.96/14 by the learned Additional Sessions Judge.
The learned counsel for the petitioner pointed out that on very same day,
two different vehicles were intercepted and on the same date, live stock
belongs to the petitioner and applicant in Criminal Revision Application No.
100/14 was taken into custody. He pointed out that circumstances are
identical. He further pointed out that, applicant also filed on record before
the Revisional Court documents in respect of his ownership over the live
stock however, according to the learned counsel, Criminal Revision
Application No.96/14 was erroneously dismissed by the learned revisional
court.
[13]
One of the reason for rejecting the Criminal Revision
Application, as observed by the learned revisional court is that “ as per the
investigation, it was transpired that animals were sold for slaughter
purpose.” When specific query was put to the learned Additional Public
Prosecutor by this court to support such observation, the learned Additional
Public Prosecutor fairly submitted that there is nothing in the investigating
papers to reach such conclusion. Further it appears that the learned
Additional Sessions Judge has dismissed the Criminal Revision Application
on the precious ground that price shown in the receipt shown by the present
petitioner is very meager. It is hard to digest such reasoning. There was no
material, no data, available before the learned Additional Sessions Judge to
arrive at such conclusion. Therefore, such conclusion and findings recorded
by the learned Additional Sessions Judge are without any basis and has to be
set aside. The learned Additional Sessions Judge has further adopted very
curious view while deciding Criminal Revision Application. that the
applicant has not denied that the animal were transported for the purpose of
slaughter. In absence of any positive material on record, it was not open for
the revisional court to record such findings, especially when in the
investigating paper, there is nothing to indicate such things that the live
stock was transported for the purpose of slaughter.
[14]
Further the petitioner even before the revisional court and also
before this court has filed 7/12 extract which clearly shows that he owns
agricultural field admeasuring 2 Hectors from and out of land Gat No.111 of
village Chinchwar, Tal.Dhule. That fact clearly demonstrates that present
applicant is an Agriculturist.
[15]
Mere transportation of live stock by an Agriculturist cannot be
termed that he was transporting the same for slaughter purpose. In that view
of the matter, the perversity is crept in the Judgment delivered by the
learned Additional Sessions Judge, Dhule and it cannot be stands
scrutiny of law. Criminal Revision Application needs to be allowed. Hence,in the
following order is passed :-
ORDER
scrutiny of law. Criminal Revision Application needs to be allowed. Hence,
Criminal Writ Petition is allowed.
(i)
(ii)
Order passed by the learned Judicial Magistrate, First
Class, Dhule [Court No.VI] in Criminal Misc.Application
No.1005/2014 dated 7th October, 2014 together with Judgment
and Order dated 2nd December, 2014 passed by the learned
Additional Sessions Judge, Dhule passed in Criminal Revision
Application No.96 Of 2014 are hereby quashed and set aside.
(iii)
The application filed on behalf of the present applicant
under Section 457 of the Code of Criminal Procedure for grant
of interim custody of live stock is hereby allowed.
(iv)
The Petitioner shall execute the Indemnity Bond of
Rs.40,000/- [Rs. Forty Thousand only] before the learned
Magistrate.
(vi)
He shall also gave an undertaking before the learned
Magistrate that he shall not subject those bullocks to cruelty
and shall not slaughter those bullocks. Further during the
ownership of those four bullocks.
pendnecy of the proceedings, he shall not transfer the
(vii) Upon such execution of the Indemnity Bond and
undertaking, the learned Magistrate is directed to pass
appropriate order for handing over the interim custody of live
stock – four bullocks in favour of present Petitioner from
to the Petitioner.
Respondent No.2, and Respondent No.2 shall handover custody
(viii) With this, Rule is made absolute. Writ Petition is
(V.M. DESHPANDE, J.)
allowed.
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