VidhiSangh

Supreme Court of India · 30/09/2022

SHRI CHATRAPATI SHIVAJI GAUSHALA versus STATE OF MAHARASHTRA AND OTHERS

[2022] 13 S.C.R. 1129 · 2022 INSC 1045

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Summary

Eighteen cattle carried in one truck without permits were seized, and offences were registered under the Maharashtra Animal Preservation Act, 1976 and the PCA Act, 1960. The Magistrate gave interim custody to a gaushala under the proviso to Section 8(3) of the Maharashtra Act. The Sessions Court and the High Court gave custody to the owners, applying Manager, Pinjrapole Deudar on Section 35(2) of the PCA Act. The Supreme Court held that Pinjrapole Deudar concerned a discretionary power. The proviso to Section 8(3) directs that seized cattle go, pending trial, to a willing goshala or animal welfare body, with the accused paying for their upkeep. The transport was prima facie cruel, so the Magistrate's order was restored. Trials under the Act must be concluded quickly.

Issues

  1. Whether, for cattle seized under the Maharashtra Animal Preservation Act, 1976, interim custody pending trial is governed by the proviso to Section 8(3) or by the discretionary factors in Manager, Pinjrapole Deudar under Section 35(2) of the Prevention of Cruelty to Animals Act.
  2. Whether the owners, found prima facie transporting cattle in cruel conditions without permits, were entitled to interim custody.
  3. What directions should be given to avoid seized cattle being held indefinitely pending trial.

Provisions considered

Held

Result

Appeal allowed. The High Court's judgment was set aside and the Magistrate's order of 1 April 2019 giving interim custody to the gaushala was restored. The appellant waived maintenance charges, and the trial was to be concluded within three months.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 1129.