[Cites 6, Cited by 0]
Gujarat High Court
Bhavik Shaileshbhai Ahir vs State Of Gujarat on 4 December, 2025
NEUTRAL CITATION
R/SCR.A/16057/2025 ORDER DATED: 04/12/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 16057 of 2025
==========================================================
BHAVIK SHAILESHBHAI AHIR
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR. AMITKUMAR U SOLA(9932) for the Applicant(s) No. 1
MS.MANJULA R CHAUHAN(6871) for the Applicant(s) No. 1
MR MEET THAKKAR, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 04/12/2025
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule for and
on behalf of respondent - State.
2. By way of this petition, the petitioner has prayed to quash
and set aside the order dated 15.10.2025 passed by the learned
Additional District and Sessions Judge, Ahwa in Criminal Misc.
Application No.16 of 2025 and also prayed to release the
muddamal i.e. 02 buffaloes and one 01 small buffalo calf, which
were seized in connection with the FIR being
C.R.No.11219002250357 of 2025 registered with Ahwa Police
Station, Dang for the offence punishable under Section 192 of
Motor Vehicle Act and Sections 11(1)(d), 11(1)(e), 11(1)(f) and
11(1)(h) of the Prevention of Cruelty to Animals Act, on suitable
terms and conditions.
3. Learned advocate for the petitioner submitted that the
NEUTRAL CITATION
R/SCR.A/16057/2025 ORDER DATED: 04/12/2025
undefined
muddamal has been detained in connection with the alleged
offence mentioned in the FIR and that if the interim custody of
the muddamal is not given, serious prejudice would be caused to
the petitioner is engaged in farming and a total of two (2)
buffaloes and one (1) small padi of the applicant have been
seized as property, one of which is a milking buffalo with which
it is a padi and the other is pregnant. Thus, these animals of
ours have been kept by the Ahwa police in the Khadsupa
Panjarapod in Navsari since approximately 15/07/2025. Thus,
the possibility that the owner of the Panjarapod has a large
number of animals at the Panjarapod. Moreover, the owner has
to pay the animal expenses for keeping the animals in the
Panjarapod. Thus, if they remain in the Panjarapod for a longer
period of time, the applicant is facing a huge financial loss and
will continue to do so in the future. Keeping more animals in
cages for longer periods of time means that if there are more
animals, an epidemic will break out. There is a high possibility of
the health of the animals also deteriorating. Thus, as the
petitioner is doing his business and he is not at all involved in
such illegal activities and the petitioner has no criminal
antecedents. It is submitted that the sections mentioned in the
FIR is not applicable to the present case and considering that
aspect, the accused persons are released on bail.
4. The attention of the Court was invited to the judgment of
the Apex Court in the case of Sunderbhai Ambalal Desai v.
State of Gujarat, AIR 2003 SC 638.
5. Considering the factual aspects of the case and the
NEUTRAL CITATION
R/SCR.A/16057/2025 ORDER DATED: 04/12/2025
undefined
principle rendered in Sunderbhai Ambalal Desai's case (supra),
this Court is of the considered opinion that the custody of the
muddamal i.e. 02 buffaloes and one 01 small buffalo calf, if
granted in favour of the applicant on stringent terms and
conditions, no prejudice is likely to be caused to the prosecution.
6. In the result, the petition is allowed. The above order
passed by the learned Court below is quashed and set aside. The
authority concerned is directed to release the muddamal of the
petitioner i.e. 02 buffaloes and one 01 small buffalo calf, on the
usual terms and on condition that the petitioner;
(i) shall not subject the live stock to the activity of
slaughtering.
7. Rule is made absolute. Direct service is permitted.
(M. R. MENGDEY,J)
AHS
