Pankaj Naqvi, J. - (1.) Heard Ms. Sunita Jain, learned counsel for revisionist, Sri Satya Narayan Vashisth, learned counsel for O.P. No. 2 and learned A.G.A. This revision is preferred against order dated 3.9.2013 passed by Addl. Chief Judicial Magistrate (Court No. 5), Allahabad, refusing to release the seized elephant.
(2.) AN application for release was filed by revisionist -Mohd. Shahid, alleging himself to be a Mahaut of an elephant. It was alleged that on 29/30.7.2013, revisionist fell ill and said elephant was being managed by his colleague, which went berserk, created ruckus, as a result of which, the alleged incident took place. It was further alleged that the seized elephant was tamed, but since the date of occurrence, i.e., 29.7.2013, same is lying chained at Minto Park. A report of the Wild Life Officer dated 22.8.2013 was submitted. The court below rejected the release of elephant on the ground that revisionist was only a Mahaut of seized elephant and not its owner. It is urged that revisionist is the owner and not the Mahaut of the seized elephant and was thus entitled to its custody and in past too the elephant was released in his favour.
(3.) LEARNED A.G.A. would contend that as there was nothing on record to indicate that revisionist had any authorization/ownership in respect of seized animal, no illegality could be attached to the impugned order.;