In a pivotal ruling, the Bombay High Court’s Aurangabad bench denied a Nandurbar-based Gaushala’s petition to retain custody of 14 buffaloes seized during an illegal transportation investigation. The court affirmed that the animals and the vehicle belonged with their rightful owners during the trial.
The case dates back to August 2023, when authorities intercepted a truck near Bhadwad village transporting buffaloes without proper documentation. The truck and cattle were seized, with the buffaloes temporarily placed under the care of Maltidevi Mewalalji Jaiswalji Gaushala.
Both the truck’s owner and the buffaloes’ owner contested this arrangement, seeking custody under Section 457 of the Criminal Procedure Code. After reviewing their applications, the Judicial Magistrate of Navapur ordered the release of the cattle and the truck to their respective owners on the condition that maintenance costs for the animals be borne by the owner.
The Gaushala challenged this decision in higher courts, arguing that keeping the cattle in their care was essential to prevent potential cruelty. Despite citing precedents from the Supreme Court supporting Gaushala custody in similar cases, their plea was rejected by both the Additional Sessions Judge in Nandurbar and subsequently the Bombay High Court.
The High Court underscored the legal rights of ownership, ruling that the prior orders were consistent with the law. The owners’ commitment to maintaining the animals’ welfare further strengthened the decision.
This judgment reinforces the balance between animal welfare and the protection of ownership rights in cases involving alleged illegal transportation.
Maltidevi_Mewalalji_Jaiswalji_Gaushala_v_State_of_Maharashtra
