The Supreme Court made an important observation in a case of cattle trafficking in 2019. In response to the question of who will own the smuggled animals, the Supreme Court clarified that if an animal owner tries to smuggle animals himself, then there is no question of returning those animals to him. In this case, the apex court allowed only one goshala to keep the animals.
It is to be noted that in 2019, 15 bulls and three buffaloes were being transported in Maharashtra by car. The animal owner himself was taking the animals elsewhere. But that owner had no valid permit to take those cattle. An FIR was lodged against the cattle owner in this situation. Meanwhile, a Goshala was given interim custody of the animals by a First Class Judicial Magistrate. However, the session judge rejected the magistrate’s verdict and ordered the animals to be sent to the owner. A writ petition was then filed in the Bombay High Court regarding that case. There the application of the case was rejected. Later, the case was brought to the Supreme Court.
In this context, the Supreme Court said, it is the duty of the High Court to ensure that till the disposal of the case against the accused ‘owner’, the animals are safely kept in the nearest cowshed as per law. The Supreme Court said, ‘The petitioner Goshala wishes to get custody of these animals. Meanwhile, it appears initially, the owner of the animals was breaking the law and taking them from one place to another. In these circumstances the first order given by the Judicial Magistrate is correct. These animals should be kept in a cowshed for the time being.’ Meanwhile, out of the 18 rescued animals, two have already died. In this situation, the Supreme Bench of Justice DY Chandrachud ordered that the case should be disposed of within six months.