Vehicle Owner Also Liable To Pay For Maintenance, Treatment Of Animals Recovered From His Truck: Bombay High Court

The Bombay High Court recently upheld an order directing the owner of a vehicle to pay towards maintenance and health inspection of the animals seized from it under the Prevention of Cruelty to Animals Act.

Justice Prakash Naik in the judgement noted that the Sessions Judge, while upholding the magistrate's order, has made reference to Rule 5 of Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 which provides for joint and several liability for the cost of transport, treatment and care of animals in case of offence relating to transport of animals, by the vehicle owner, consignor, consignee, transporter, agents and any other parties involved.

"Although the petitioner is the owner of the vehicle, he cannot be absolved of his responsibility to pay the amount towards maintenance and health inspection of animals in accordance with rules as stated above the petitioner can be directed to pay the amount towards maintenance, health inspection and future amount of Rs.200/- per day per animal being the owner of the vehicle," said the court.

The court dismissed the vehicle owner's writ petition challenging the order directing the petitioner him to pay Rs. 90625 for maintenance and health inspection of the animals, along with the accused and owner of the case property.

An FIR was registered under section 11 of the Maharashtra Protection of Animals Act, 1976 and section 192-A of Motor Vehicle Act, 1988 alleging that buffaloes were being transported illegally to Mumbai. Pursuant to this FIR, police intercepted the petitioner's truck and seized the animals being transported inside. 23 buffaloes were rescued and handed over to Gaushala for preservation and care.

The Judicial Magistrate First Class directed that the owner of the animals, occupants of the truck, and the truck owner are jointly and severally liable for the cost of transport, treatment and care of animals till July 13, 2022. Rs. 200 per day per animal was also imposed for future maintenance till the conclusion of trial. The revision petition against this order was dismissed by the Additional Sessions Judge.

Advocate Atharva Dandekar for the petitioner submitted that the magistrate order is illegal as the petitioner is only the owner of the vehicle. He was not involved in purchase and sale of animals. Hence, he cannot be compelled to pay maintenance cost towards the animals.

APP A. R. Patil for the State opposed the plea submitting that Rule 5 of Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 provides that in case of offence relating to transport of animals, all involved parties including vehicle owner, transporter etc. shall be jointly and severally liable for the cost of transport, treatment, and care of the animals.

The court noted that the magistrate has given a detailed order and the sessions judge has rightly observed that the petitioner, being owner of the vehicle, is jointly and severally liable for the cost of transport, treatment, and care of animals, the court said.

Therefore, the court did not find any merit in the petition and dismissed it.

Case no. – Criminal Writ Petition No. 2466 of 2022

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