Duty Of Police To Verify Ownership Documents Of Animals Seized In Crime: Bombay HC

The Court was hearing a Writ Petition filed by the person who claims to be the owner of the buffaloes. In the Writ Petition, the Petitioner challenged the order passed by the Sessions Judge who rejected the Revision filed by him against the order of the Judicial Magistrate who rejected the Application made by the Petitioner for custody of 17 buffaloes seized in a criminal case.

The bench of Justice GA Sanap observed, “it is the duty of the Police Officer in a crime of such nature to verify the ownership documents of the cattle or the animals seized in the crime.”

Advocate AR Ingole appeared for the Appellant and APP SP Kolhe appeared for the Respondent.

Brief Facts-

It is the case of the Prosecution that seventeen buffaloes were being transported in the vehicle. The buffaloes had been crammed in the vehicle in inhumane conditions. The buffaloes were subjected to severe pain and suffering. The transportation was contrary to the rules and the provisions of the law.

The Court noted that the transportation of 17 buffaloes in one vehicle was contrary to the rules.

The Court said that during the pendency of the criminal case, the buffaloes cannot be disposed of. According to the Court, the disposal of the buffaloes is subject to the outcome and the order of the Court in the case.

“Even if the custody of the buffaloes is handed over to the petitioner, he would not be able to sell the same.”, the Court emphasised.

The Court said that it is a modus operandi of the Petitioner to get the false receipts prepared through the Market Committee.

“The Police Officer must record the statement of the person whose name is mentioned in the purchase receipts as the owner of the cattle. It is further necessary on the part of the Police Officer to make an enquiry with the concerned Officer of the APMC or the concerned officials of the Market Committee.”, the Court noted.

“The police can even make the persons of the APMC market or the Market Committee as an accused in such a crime if it is found that the receipts are forged and fabricated.”, the Court added.

Accordingly, the Court dismissed the Petition.