Decided on April 09,2021

Dhyan Foundation Devipur Bsf (Rescued) Cattle Farm Appellant


Akil Kureshi,J. - (1.) Petitioner is a registered Trust and is engaged in the activities related to animal welfare. The petitioner runs a Gaushala shelter. The petitioner has challenged an order dated 14th September 2020, passed by the learned Sub-Divisional Judicial Magistrate, Bishalgarh and an order dated 7th December, 2020 passed by the learned Additional Sessions Judge, Bishalgarh in a Criminal Revision Petition No.2/2020 filed by the petitioner.
(2.) Brief facts are as under : An FIR was lodged at Bishalgarh Police Station, on 9th September 2020, alleging that on 8th September 2020 at about 8.00 O'clock in evening when the Assistant Sub-Inspector of the Police Station along with staff was performing his mobile duties, a vehicle was checked near 1st Battalion, Tripura State Rifles (TSR) camp. It was found that 9 cattle of small and medium size were being carried in the said vehicle. The driver could not produce any valid documents for transportation of the cattle. These cattle were, therefore, detained. The vehicle i.e. a Bolero four wheeler was also seized. It was alleged that the driver had committed offence punishable under Section 11(e) of Prevention of Cruelty to Animals Act, 1960 subjecting the animals to unnecessary pain and suffering.
(3.) For safe custody of the cattle, possession was handed over to the petitioner Trust. Subsequently, the respondent No.2 approached the learned Magistrate and sought release of the vehicle and the cattle claiming ownership of the cattle. On 14th September 2020, the learned Magistrate passed order allowing the application of the respondent No.2. In the order, it was noted that the investigation is complete and that investigating officer has submitted a report in which also it is stated that the seized cattle and the vehicle are no longer required for the purpose of inquiry and the same may be released on suitable conditions. The learned Judge ordered release of the cattle and the vehicle subject to certain conditions making following observations : 'Heard Ld. APP and Ld. Counsel appearing on behalf of the petition. Also perused the report submitted by IO along with the PR. Since PR has already been submitted by IO, therefore, IO may release the seized vehicle bearing No.TR 07 B 1705 along with the seized driving license to its actual owner on his furnishing indemnity bond of an amount of Rs.2,00,000/- subject to satisfaction of IO on condition not to dispose of the same till final disposal of this case and also on condition to produce the vehicle before this court as and when call for. IO is also directed to take photographs of the seized vehicle and to submit the same before this court after proper attestation by the next date positively. So far as the prayer to release the seized cattle is concern, the same is also hereby allowed since investigation of this case is complete and in today's compliance report IO stated that the seized cattle are no more required for the purpose inquiry. Hence IO may release the seized cattle to the actual owner on his furnishing indemnity bond of an amount of Rs.4,00,000/- subject to the satisfaction of IO on condition to take all possible measures for protecting health and safety of the cattle. IO is also directed to take photographs of the seized cattle and to submit the same before this court after, proper attestation inform IO accordingly. Bail petition hereby disposed off.' ;

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