(1) CRI. WP. 706.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 706 OF 2010 Panzrapol Gaushala, Amalner .. Petitioner VERSUS The State of Maharashtra and anr. .. Respondents ... Mr. D.S. Bharuka, Advocate h/f. Mr. R.R. Mantri, Advocate for the Petitioner Mr. V.D. Godbharle, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 20TH OCTOBER, 2010 ORAL ORDER:- 1. Heard Mr. Bharuka h/f. Mr. R.R. Mantri. The petitioner is a charitable institution. The petitioner's aim is to protect the cattles, particularly cows and buffalos, from onslaught and cruelty. The respondent no.2 was allegedly found transporting four cows, two calves, one baby calf and one she-buffalo in a matador vehicle bearing no. MH-18-E-7332. The vehicle was intercepted on 8.5.2010 and the cattles were seized. The learned Judicial Magistrate rejected the Application of the (2) CRI. WP. 706.2010 respondent no.2 for restoration of the custody of the cattle during pendency of the investigation. The Sessions Judge, however allowed the Revision Application filed by the respondent no.2 and directed that the custody be handed over to him on certain conditions such as execution of the appropriate bond in sum of Rs.35,000/-. 2. There is no dispute about the fact that the respondent no.2 was found in custody of the cattle when the same had been seized on suspicion that the transportation of the cattle was likely to be for the purpose of slaughtering them. There is no prima facie material to infer that intention of the respondent no.2 was to transport the cattle for the purpose of slaughtering. The report submitted to the Police was probably on mis-conception of the fact. The impugned judgment and order of the Sessions Court cannot be termed as perverse. The learned Sessions Judge noticed that the respondent no.2 had better rights to claim custody of the cattle because the animals were seized from him. (3) CRI. WP. 706.2010 3. Under these circumstances, the Petition is without much merits and as such is dismissed. Sd/- [V.R. KINGAONKAR, J.] arp