LAWS(TRIP)-2021-4-29

DHYAN FOUNDATION DEVIPUR BSF (RESCUED) CATTLE FARM Vs. STATE OF TRIPURA

Decided On April 09, 2021
Dhyan Foundation Devipur Bsf (Rescued) Cattle Farm Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) Petitioner is a registered Trust and is engaged in the activities related to animal welfare. The petitioner runs a Gaushala shelter. The petitioner has challenged an order dated 14th September 2020, passed by the learned Sub-Divisional Judicial Magistrate, Bishalgarh and an order dated 7th December, 2020 passed by the learned Additional Sessions Judge, Bishalgarh in a Criminal Revision Petition No.2/2020 filed by the petitioner.

(2.) Brief facts are as under :

(3.) For safe custody of the cattle, possession was handed over to the petitioner Trust. Subsequently, the respondent No.2 approached the learned Magistrate and sought release of the vehicle and the cattle claiming ownership of the cattle. On 14th September 2020, the learned Magistrate passed order allowing the application of the respondent No.2. In the order, it was noted that the investigation is complete and that investigating officer has submitted a report in which also it is stated that the seized cattle and the vehicle are no longer required for the purpose of inquiry and the same may be released on suitable conditions. The learned Judge ordered release of the cattle and the vehicle subject to certain conditions making following observations :