AIR 1998 SUPREME COURT 2769 ::1998 AIR SCW 2943 ::1998 (6) ADSC 600 ::1999 CriAppR(SC) 42 ::(1999) 1 MadLW(Cri) 7 ::(1998) 3 CurCriR 244 ::1998 CriLR(SC&MP) 630 ::(1999) Mad LJ(Cri) 48 ::1998 (6) SCC 520 ::1998 (4) RecCriR 96 ::(1998) 5 Scale 8 ::1998 CriLR(SC MAH GUJ) 630 ::1998 CalCriLR 375 ::1998 (2) Cal HN 43 ::1999 (1) BLJR 57 ::1999 BLJR 1 57 ::1998 (3) ChandCriC 31 ::1999 (1) GujLR 587 ::(1998) 2 Guj LH 614 ::1998 (2) EastCriC 928 ::1999 (1) RajLW 81 ::1998 (3) Crimes 224 ::1998 (7) Supreme 45 ::1998 (37) AllCriC 589 ::(1998) SC Cr R 943 ::(1998) 6 JT 66 (SC) ::1998 (6) JT 66 ::1999 (1) SRJ 297

Supreme Court Of India

(From : 1998 Cri LJ 1337 (Gujarat))

Hon'ble Judge(s): M. K. Mukherjee, S. S. M. Quadri , JJ

Prevention of Cruelty to Animals Act (59 of 1960) , S.35— Interim custody of animal - Powers of Magistrate - Magistrate has discretion to hand over custody of animal to Pinjrapole, a charitable institution - Pinjrapole has no preferential right over owner of animal - Order of the High Court confirming restoration of custody of animals to owners in preference to the appellant-Pinjrapole, proper. Under S. 35(2) of the Act, the Magistrate has discretion to handover interim custody of the animal to Pinjrapole but he is not bound to handover custody of the animal to Pinjrapole in the event of not sending it to an infirmary. In a case where the owner is claiming the custody of the animal, Pinjrapole has no preferential right. In deciding whether the interim custody of the animal be given to the owner who is facing prosecution, or to the Pinjrapole, the following factors will be relevant : (1) the nature and gravity of the offence alleged against the owner; (2) whether it is the first offence alleged or he has been found guilty of offences under the Act earlier; (3) if the owner is facing the first prosecution under the Act, the animal is not liable to be seized, so the owner will have a better claim for the custody of the animal during the prosecution; (4) the condition in which the animal was found at the time of inspection and seizure; (5) the possibility of the....