The Bombay High Court at Aurangabad recently rejected a plea by a Gaushala based in Nandurbar, which sought to retain custody of 14 buffaloes confiscated in a case involving illegal cattle transportation.

Justice YG Khobragade held that the rightful owners of the cattle and the truck involved in the alleged offense were entitled to reclaim possession of their property while the trial is underway.

"Considering provisions of Prevention of Cruelty to Animal Act, 1960, Sec. 457 of Criminal Procedure Code., as well as law laid down by the Hon’ble Apex Court cited therein, the custody of seized cattle and truck are given in favour of the owners, which does not appear to be illegal, bad in law," the Court said.

Accordingly, the court dismissed the plea filed by Maltidevi Mewalalji Jaiswalji Gaushala, which had previously been granted interim custody of the confiscated cattle.

The case originated on August 28, 2023, when a police officer from Visarwadi Police Station in Nandurbar intercepted an Eicher truck carrying 14 buffaloes. The truck, parked near Bhadwad village, was found to be illegally transporting the cattle from Taloda to Malegaon without the necessary permit. As a result, both the buffalo and the truck were seized. Interim custody of the cattle was granted to the Maltidevi Mewalalji Jaiswalji Gaushala, while the truck was confiscated.

Following this, the owners of the cattle, Ganpatbhai Pratapbhai Thakare, and the truck, Shabirbhai Kasambhai Sindhi, filed separate applications under Section 457 of the Code of Criminal Procedure to seek custody of their respective property during the trial.

They argued that they were the rightful owners. On October 17, 2023, the Judicial Magistrate First Class, Navapur, Nandurbar, ordered the release of both the cattle and the truck to their owners, contingent on them bearing the maintenance costs for the cattle.

The Gaushala, operated by the Amar Asha Multipurpose Society, appealed the Magistrate's decision to the Additional Sessions Judge in Nandurbar. On November 7, 2023, the Additional Sessions Judge upheld the Magistrate's order, confirming the release of the cattle and truck to their rightful owners.

The Gaushala then moved to the Bombay High Court, arguing that it should retain custody of the cattle to prevent cruelty and to ensure the truck would not be used again for illegal transportation. The Gaushala cited a Supreme Court ruling granting custody of cattle to a Gaushala for the welfare of the animals.

In response, the owners of the cattle and truck contended that they had the legal right to possess their property, with the cattle owner assuring the Court that he would bear the costs of maintaining the cattle.

After reviewing both sides, the Court upheld the decisions of the Magistrate and the Sessions Court, ultimately dismissing the Gaushala's plea.

Advocate Ajay T Kanawade appeared for the Gaushala.

Additional Public Prosecutor VM Jaware appeared for the State.

Advocate Vakil Afzal Husain M appeared for the truck owner.