Bombay High Court rejects gaushala’s plea for custody of cattle seized in illegal transportation case

The Bombay High Court at Aurangabad, in its ruling, emphasized the importance of recognizing the legal rights of property owners while also considering the welfare of the cattle. The case stemmed from the illegal transportation of 14 buffaloes, which were intercepted by police on August 28, 2023, as they were being moved from Taloda to Malegaon without the required permits. Following the seizure of both the cattle and the truck involved, the Gaushala had initially been granted interim custody of the buffaloes.
However, the rightful owners of the cattle, Ganpatbhai Pratapbhai Thakare, and the truck, Shabirbhai Kasambhai Sindhi, filed applications under Section 457 of the Code of Criminal Procedure, seeking possession of their property during the trial process. The owners argued that they were the legal proprietors of the cattle and the truck and should, therefore, have control over their property.
In response to these applications, the Judicial Magistrate First Class in Navapur, Nandurbar, ruled in favor of the owners on October 17, 2023, allowing the return of the cattle and the truck to them, provided they paid for the maintenance of the cattle. This decision was appealed by the Gaushala, leading to a ruling by the Additional Sessions Judge in Nandurbar, which upheld the Magistrate’s order.
The Gaushala then sought the intervention of the Bombay High Court, arguing that retaining custody of the buffaloes was crucial for preventing cruelty to the animals. They contended that without custody, there was a risk of the truck being used again for illegal transportation of cattle. They also referred to a Supreme Court judgment that had previously allowed a Gaushala to maintain custody of seized cattle for their welfare.
On the other hand, the owners of the cattle and the truck emphasized their right to possess their property, asserting that they had legal ownership and the responsibility to care for the animals.
After careful consideration of the arguments presented by both sides, the Bombay High Court upheld the decisions of the lower courts and ruled against Gaushala’s plea. The court reaffirmed that the cattle and truck should be returned to their rightful owners, in accordance with the law, and rejected the Gaushala’s request to retain custody.
The ruling underscores the balance between upholding property rights and addressing concerns related to the welfare of animals. It highlights the judicial process of determining ownership and responsibility in cases involving seized property, particularly in cases of illegal transportation.
Advocate Ajay T. Kanawade represented the Gaushala in the case, while Additional Public Prosecutor V.M. Jaware appeared for the State, and Advocate Vakil Afzal Husain M represented the truck owner.