French Mastiff Dog 'Bruno' | Calcutta HC Directs Alleged Owner To Return Dog To NGO; Orders Police Enquiry Over Cruelty Allegations

The Calcutta High Court on Thursday directed the concerned police authorities to conduct an enquiry to find out whether the alleged owner in whose possession a French Mastiff dog named 'Bruno' is currently residing is actually the real owner. 

The Court also ordered that the dog should be returned to the concerned NGO from the possession of the alleged owner. 

A Single Bench had earlier directed the concerned NGO to return the dog to its alleged owner after the dog had gone missing and was subsequently kept in the custody of the concerned NGO. The NGO was however allowed to visit and inspect the dog at least once in a month.

While hearing an appeal preferred by the concerned NGO, a Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was apprised by the appellate that the alleged owner was not the actual owner and further it was submitted that the dog had been subjected to cruelty by the alleged owners. 

The counsel appearing for the appellate submitted that a letter issued by the dog trainer shows that the dog had been subject to physical and mental cruelty. Reliance was also placed on the Supreme Court judgment in Animal Welfare Board of India v. A. Nagaraja & Ors wherein the Apex Court had held that the right to life as enshrined under Article 21 of the Constitution extends to animals as well. 

Taking into consideration the grievance raised, the Division Bench observed, 

"The direction contained in the order of the learned Single Judge will not be given effect to subject to the condition that the appellants will permit the son of the writ petitioner to visit the dog once a week making due provision for his safety."

During the proceedings, the counsel for the State submitted that the dog had been able to identify the alleged owner and her her minor son on the basis of the telephonic conversation with the concerned Officer-in-Charge. He further submitted that an enquiry from the neighbours can be conducted to find out whether the alleged owner was having any such dog.

Accordingly, the Court further directed, 

"Let the enquiry in this regard be conduced by the concerned police authority having the territorial jurisdiction over the place where the writ petitioner is residing and to submit the report before this Court within two weeks."

The matter is slated to be heard next on March 23. 

Also Read: 'Unconditionally Undertakes To Take Good Care': Calcutta High Court Directs NGO To Return French Mastiff Dog 'Bruno' To Its Rightful Owners

Case Title: Debasree Roy & Anr v. The State of West Bengal & Ors

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