SCR.A/197820/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 1978 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE D.H.WAGHELA Sd/- ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= MAHENDRABHAI NENSI PAREKH - Applicant(s) Versus STATE OF GUJARAT - Respondent(s) ========================================================= Appearance : MR DIPEN K DAVE for Applicant(s) : 1,MR LAXMANSINH M ZALA for Applicant : 1, MR IM PANDYA ADDL PUBLIC PROSECUTOR for Respondent : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE D.H.WAGHELA Date : 10/11/2008 ORAL JUDGMENT 1. Invoking the provisions of section 482 of the Code of Criminal Procedure, 1973 ("the Cr.P.C." for short) and Articles 226 and 227 of the Constitution, the petitioner has called into SCR.A/197820/2008 2/3 JUDGMENT question the order dated 18.9.2008 of learned Judicial Magistrate, First Class, Limbdi whereby application of the petitioner under section 451 of the Cr.P.C. was rejected and custody of eight muddamal buffaloes was denied to him. 2. It was submitted by learned counsel Mr.L.M.Zala that the buffaloes were seized for the alleged offence under the provisions of the Prevention of Cruelty on Animals Act, 1960 when the buffaloes were being transported by and at the instance of the petitioner and after their being taken into custody as muddamal, application of the petitioner under section 451 of the Cr.P.C. was rejected on the ground that the petitioner could not produce reliable evidence of ownership of the buffaloes. He submitted that no one else has come forward to claim ownership or possession of the buffaloes in question and the petitioner was prepared to abide by such conditions as may be imposed in view of lack of sufficient material at the relevant time to establish ownership of the buffaloes in question. He further submitted that the buffaloes were valued at approximately rupees one lakh. 3. Learned A.P.P. Mr. I.M.Pandya, appearing for the respondent, submitted that cruelty was committed in respect of the buffaloes in question in insofar as they were carried in a truck without taking adequate care for their safety and requirements of fodder and water. 4. Having heard learned counsel for the parties and in the peculiar facts and circumstances as also the observations of this Court in Mohammadbhai Hasambhai Khatki v. State of Gujarat [2006 (0) GLHEL 216215], the petition is required to SCR.A/197820/2008 3/3 JUDGMENT be allowed and the impugned order is required to be quashed with the following directions. 5. Original application of the petitioner for interim custody of eight buffaloes shall stand allowed, subject to the condition that the muddamal cattle shall be handed over to the petitioner within a period of one week after putting identification mark on each animal, at the cost of the petitioner, and with the certificate of veterinary doctor attached to the panjrapole as to health of each animal. The petitioner shall be under an obligation to produce the same livestock as and when required by the Court in the criminal case pending against the petitioner and he shall see that they are kept in good and healthy condition. The petitioner shall disclose the place where the livestock shall be kept. In the event of natural death of any of the buffaloes in question, the petitioner shall firstly intimate the Court concerned and the police station and only thereafter dispose of the body of the deceased animal. The petitioner shall deposit, before taking possession of the cattle, sum of Rs.5,000/- (rupees five thousand only) with the Court concerned by way of security and furnish two sureties in the amount of Rs.10,000/- (rupees ten thousand only) each with an undertaking to abide by the conditions herein imposed for handing over interim custody of the livestock in question. Rule is made absolute accordingly with no order as to costs. Direct service. Sd/- ( D.H.Waghela, J.) (KMG Thilake)