Illegal Cattle Transportation Case: Bombay HC Dismisses Gaushala’s Petition For Custody Of Seized Buffaloes

The Aurangabad Bench of Bombay High Court dismissed a petition filed by a Nandurbar-based Gaushala seeking custody of 14 buffaloes seized in connection with the illegal transportation of cattle for slaughtering.

The court upheld the Revisional Court’s decision, directing that the custody of 14 buffaloes and an Eicher truck be given to their respective owners. The court relied on provisions of the Prevention of Cruelty to Animals Act, 1960, and Section 457 of the Code of Criminal Procedure, ensuring the maintenance and rightful ownership of the seized property.

Justice Y.G. Khobragade stated that “Considering the provisions of the Prevention of Cruelty to Animals Act, 1960, Sec. 457 of the Criminal Procedure Code, as well as the law laid down by the Hon’ble Apex Court cited therein, the custody of seized cattle and truck is given in favour of the owners, which does not appear to be illegal or bad in law.”

Advocate Ajay T Kanawade appeared for the Gaushala. Additional Public Prosecutor VM Jaware represented the State, while Advocate Vakil Afzal Husain M represented the truck owner.

The case arose when a truck transporting 14 buffaloes was intercepted near Bhadwad village, illegally carrying cattle from Taloda to Malegaon. Both the cattle and the truck were seized, with interim custody granted to Maltidevi Mewalalji Jaiswalji Gaushala. The owners of the cattle and truck filed applications under Section 457 of the CrPC, asserting their rights. The Additional Sessions Judge upheld the Magistrate’s order, confirming the release of both cattle and truck to their rightful owners.

Cause Title: Maltidevi Mewalalji Jaiswalji Gaushala v State of Maharashtra (Criminal Writ Petition No. 1813 of 2023)

Appearance:

Petitioner: Advocate Ajay T Kanawade

Respondent No.1: Additional Public Prosecutor VM Jaware

Respondent No.2: Advocate Vakil Afzal Husain M.

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