The Bombay High Court held that the owner of the vehicle would be jointly and severally liable for the maintenance of animals under the Prevention of Cruelty to Animals Act. It was further held that merely on the ground that he is only the owner of the vehicle in which the animals were transported illegally cannot be a ground to absolve him from his liability.
Brief Facts
The Petitioner had challenged the order dated 22nd June, 2022 in which the Petitioner was ordered to pay jointly and severally with the accused and the owner of the case property an amount of Rs.96,625/- towards maintenance and health inspection of the animals until 13th May, 2022 and amount of Rs.200/- per day per animal till the conclusion of a trial. The offence alleged against the petitioner was that he is the owner of the vehicle in which 23 buffaloes were being transported illegally to Mumbai and raided by the officials. The FIR was registered against the petitioner and other co-accused under section 11 of the Maharashtra Protection of Animals Act and Section 192-A of Motor Vehicles.
Contentions of the Petitioner:
The learned Counsel for the Petitioner submitted that the petitioner is only an owner of a vehicle and was not involved in the purchase and sale of animals. The other co-accused hired his truck for transportation purposes. Hence, he cannot be jointly and severally made to pay the amount for animal maintenance and health inspection.
Contentions of the Respondent:
The learned Counsel for the Respondents submitted that the Petitioner could be made to pay the amount towards the maintenance of animals under Rule 5 of Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017. This provision provides that in case of an offence relating to the transport of animals, the vehicle owner shall be jointly and severally liable for the cost of transportation, treatment, and care of animals. Hence, there is no illegality in the order dated 22nd June, 2022 passed by the learned District Judge.
Observations By the Court:
This Court had concurred with the submissions of Respondents and observed that the petitioner could not be absolved of his responsibility to pay the amount towards maintenance and health inspection of animals in accordance with the Rule 5 of Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017. In the opinion of this Court, the learned sessions Judge has rightly observed that the petitioner being the owner of the truck is jointly and severally liable for the cost of transport, treatment and care of animals.
The decision of the Court:
The Bombay High Court upheld the impugned order and held that the owner of the vehicle will be jointly and severally liable for paying the maintenance for treatment and care of animals under the Prevention of Cruelty to Animals Act.
Case Title: Altaf Babru Shaikh vs The State of Maharashtra and anr.
Coram: Hon’ble Justice Prakash D. Naik
Case no.: CRIMINAL WRIT PETITION NO. 2466 OF 2022
Advocate for the Petitioner: Mr. Atharva Dandekar
Advocate for the Respondents: Mr. Harish Pandya and Mr. A.R. Patil
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