Thane, May 9: A Thane sessions court has upheld interim custody of 244 seized goats and sheep to a Rajasthan-based livestock trader in a case involving alleged animal cruelty, while enhancing the maintenance charges payable to the gaushala that had been sheltering the animals.
Sessions court partly allows revision plea
Additional Sessions Judge V.L. Bhosale partly allowed a criminal revision application filed by Dharmaveer Gaushala, challenging orders of the Judicial Magistrate First Class (JMFC), Mira-Bhayandar, which had granted custody of the animals to trader Nibab Khan Nijam Khan.
FIR registered over alleged animal cruelty
The case stems from an FIR registered at Kashigaon Police Station on April 17 under the Prevention of Cruelty to Animals Act and Maharashtra Motor Vehicles Rules.
According to the complaint, gaushala president Dnyaneshwar Dhondiram Patil intercepted a Tata truck on Ghodbunder Road allegedly transporting goats and sheep from Rajasthan to Thane in overcrowded and inhumane conditions without adequate food, water or ventilation.
Police seized 250 animals and placed them in the gaushala’s custody.
Gaushala challenges magistrate’s orders
The gaushala challenged two JMFC orders dated April 24 and April 30, arguing that the magistrate had issued inconsistent directions on maintenance charges and wrongly described the animals as “cattle”.
It also claimed several animals were critically ill and required continued care.
Trader claims ownership of animals
The trader, however, produced invoices and identity documents claiming ownership of 264 animals and argued that continued detention was affecting his livelihood.
He also alleged that the gaushala had earlier informed the trial court that it was unwilling to retain custody.
Separate allegations surfaced during proceedings
During the proceedings, allegations surfaced regarding another FIR registered at Igatpuri Police Station against the gaushala president over alleged extortion and intimidation linked to livestock vehicle interceptions.
The court clarified that those allegations remain subject to independent investigation.
Court upholds interim custody order
While refusing to interfere with the grant of custody, the sessions court observed that Section 503 of the Bharatiya Nagarik Suraksha Sanhita empowers courts to release seized property, including animals, during trial proceedings.
“In view of the above discussion, this Court finds that the learned magistrate has, in substance, exercised the discretion vested under Section 503 of the BNSS in granting interim custody to Respondent No.1, which is not patently illegal, perverse or without jurisdiction so as to warrant complete interference in revision,” the court said.
Maintenance charges enhanced
The judge noted that though the April 30 order had superseded the earlier order, the reduction in maintenance charges “without cogent reasons and contrary to the AWBI rate chart requires correction”.
Recognising the gaushala’s concerns, the court observed that compensation for the care, feeding and treatment of 244 animals — including 90 ill and 35 critically ill animals — was genuine and supported by Animal Welfare Board of India guidelines.
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Court directs veterinary inspection
The court directed the trader to pay maintenance charges of Rs 200 per animal per day from the date of seizure until handover.
It also ordered an independent veterinary inspection and detailed panchnama before custody transfer, adding that critically ill animals can only be handed over after the trader demonstrates adequate treatment arrangements.
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