PANJIM: The High Court of Bombay at Goa has dismissed the criminal miscellaneous application filed by the Dhyan Foundation, a society dedicated to the cause of animal welfare, seeking custody of two bulls seized at Colva.
The Dhyan Foundation, through its representative had challenged the orders passed by the Margao Magistrate dated July 30, 2022 and the South Goa Additional Sessions Court, Margao dated September 8, 2022, ordering handing over the two bulls to Roldao Rosario D’Souza of Utorda.
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The petitioner had submitted that both the orders passed by the Magistrate and the South Goa Additional Sessions Court were perverse and illegal and were passed without considering the material placed on record. He argued that the custody of two bulls, which was with the Society could not have been ordered to be handed over to D’Souza, since the latter had failed to establish the ownership.
Arguing on behalf of D’Souza, Adv Arun Bras De Sa claimed that the provisions of CrPC were only for temporary custody and since neither any FIR was registered nor any investigation was going on, the powers of search and seizure, cannot be gone into. He submitted that the petitioner in its application/complaint in July 2022 had admitted that they took custody of the animals for the purpose of care and protection.
Additional public prosecutor Adv Nikhil Vaze, representing the Colva police told the Court that the custody of two animals with the petitioner was only interim and therefore, once the owner comes before the Court and succeeds in seeking the relief of the custody of the animals, the petitioner had no locus to challenge such orders.
