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

In an interesting development, the Calcutta High Court on Thursday directed an NGO to return a French Mastiff dog named 'Bruno' to its rightful owners 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.

The NGO Debasree Roy Foundation had deposed before the Court that the dog had not been treated well by the owners and was thus not in a very good state of heath. Accordingly, the NGO had opposed the plea of the petitioners to take back custody of the dog. 

Justice Rajasekhar Mantha observed on Thursday, 

"Bruno shall be returned to its owners, i.e. the writ petitioner and her family in course of the day by the Debasree Roy Foundation. The writ petitioner unconditionally undertakes before this Court that she will take good care of the French Mastiff Dog, 'Bruno', physically and mentally"

On a prior date of hearing, the Court had directed veterinarian doctor Goutam Mukherjee to examine the present condition of the dog and apprise the Court about not only the physical and mental condition of the dog but also the exact nature of the care that it has received from the petitioner.

On Thursday, the Court noted that the veterinarian doctor had failed to identify as to whether the dog in question 'Bruno' is the pet dog of the petitioner. However, the Court relied upon the averments made in the petition and also the submission made by the counsel for the State that the dog had been able to identify the petitioner and her minor son. 

"This Court goes by documents annexed to and the assertion made in, the writ petition, in that regard. This Court is also fortified with the submission of Mr. Sen that the dog was able to identify the writ petitioner and her minor son", the Court recorded further in its order. 

Furthermore, the Court also appreciated the the Debasree Roy Foundation for having taken care of the dog till date and further directed, 

"Persons of the foundation shall be entitled to visit and inspect the dog at least once in a month."

The Court was also apprised by the counsel for the petitioner that his client would reimburse any expenditure incurred by the Debasree Roy Foundation in taking care of the French Mastiff Dog, 'Bruno' till date.

Accordingly, the petition was disposed of. 

Advocates Jagannath Ganguly and Jaydeep Biswas appeared for the petitioner. Advocates Samrat Sen, Pantu Deb Roy and Bhaskar Chakraborty appeared for the State. The intervenor was represented by Advocates Suddhasatva Banerjee, Md. Zohaib Rauf and Ajitesh Pandey. 

Case Title: Sukanya Mirbahar v. The State of West Bengal & Ors.

Case Citation: 2022 LiveLaw (Cal) 27

Click Here To Read/Download Order