A single bench of Calcutta High Court comprising Justice Rajasekhar Mantha while dealing with a petition concerning lack of care of the dog by owners as claimed by NGO directed the NGO to return a French Mastiff dog named 'Bruno' to its rightful owners after the dog had gone missing and was subsequently kept in the custody of the concerned NGO.
Background
The NGO Debasree Roy Foundation deposed before the Court that the dog named Bruno, a French Mastiff had not been treated well by the owners and was thus not in a very good state of health.NGO opposed the claim of Petitioners for getting the custody of Bruno.
Observation made by the Court
Firstly, Court Court appreciated the efforts put in by Mr Samrat Sen, learned senior counsel, Mr Suddhasatva Banerjee, and Mr Ganguly for the petitioner and the Officer-in-Charge, Panchla Police Station, in resolving the issue and taking the matter to its logical conclusion.
It was taken into notice that Mr Sen had earlier indicated to this Court that the veterinarian doctor Goutam Mukherjee could not identify as to whether the dog in question is ‘Bruno’ i.e. the pet dog of the writ petitioner. This Court went by documents annexed to and the assertion made in, the writ petition, in that regard. This Court was also fortified with the submission of Mr Sen that the dog was able to identify the writ petitioner and her minor son.
It was held that,
"Bruno shall be returned to its owners, i.e. the writ petitioner and her family in course of the day by the Debasree Roy Foundation. The writ petitioner unconditionally undertakes before this Court that she will take good care of the French Mastiff Dog, ‘Bruno’, physically and mentally."
The court appreciated the efforts of the Debasree Foundation and stated that Persons of the foundation shall be entitled to visit and inspect the dog at least once a month. Petitioners were directed to reimburse the NGO any expenditure incurred in taking care of Bruno.
Accordingly, the Petition was disposed of.
Case Details
Case Title: Sukanya Mirbahar v. The State of West Bengal & Ors.
Bench: Justice Rajasekhar Mantha
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