Thane Sessions Court Orders Return Of Rescued Labrador To Animal Rescuer, Sets Aside Magistrate's Order

Mumbai, July 1: The Thane Sessions Court on Wednesday ordered that a female Labrador dog named "Bira" be reunited with her rescuer and caregiver, Dr Sheetal Agnihotri, nearly two years after the dog was rescued from abandonment.

In a significant ruling, the court set aside an order of the trial Magistrate court that had denied interim custody to the rescuer and allowed the dog to remain with a family that had taken Bira on a 15-day trial adoption. The Magistrate had rejected Dr Agnihotri's plea on the ground that she lacked documentary proof of ownership.

Court Recognises Rescue Evidence

In its 16-page judgment, the court observed that a rescued stray animal cannot be expected to have conventional ownership documents such as a sale deed or transfer certificate.

Instead, it held that courts must examine factors such as continuity of custody, expenditure on treatment, vaccination records and the circumstances under which possession of the animal was transferred.

“A street animal rescued from abandonment does not come with a sale deed or transfer document. The relevant prima facie material in such a case is necessarily different in kind—continuity of custody, expenditure on treatment, vaccination records, and the circumstances in which possession passed to another,” the court observed while holding that the Magistrate had erred in rejecting the rescuer’s claim solely for want of ownership documents.

Additional Sessions Judge Vasudha Bhosale allowed the criminal revision application filed by Dr Agnihotri and quashed the order passed by the Judicial Magistrate First Class, Thane, rejecting her application under Section 457 of the Code of Criminal Procedure for interim custody of the dog.

Dispute Over Trial Adoption

According to the case, Dr Agnihotri rescued the abandoned Labrador in October 2021 after finding the dog suffering from a severe skin infection near an ATM in Kalyan. She spent nearly Rs 1.20 lakh on the dog's treatment, vaccination and foster care before posting an adoption appeal on Facebook in April 2023.

Asha Sule responded to the appeal and agreed to adopt Bira on a 15-day trial basis, after which the adoption was to be finalised only if Dr Agnihotri was satisfied with the dog's welfare.

However, Dr Agnihotri alleged that Sule refused to return Bira after the trial period despite repeated requests, leading to the registration of an FIR for criminal breach of trust and criminal intimidation. Although the police initially filed a closure report, a Magistrate later ordered reinvestigation, which is still pending.

The Sessions Court held that the opinion of municipal veterinary authorities and the subsequent registration of the dog in Sule's name could not determine ownership or custody in a pending criminal dispute. It also noted that Sule had allegedly admitted that Bira was handed over only for a 15-day trial period.

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