Final Order 8

Order Details: Order below EX-1
Pdf Text: - 1 - C.C. No. : 3900001/N/2026
ORDER BELOW EXHIBIT-1
The applicant namely Mr. Ramashankar Ramlagan Yadav
has filed application with contention that he is the owner of 01 Cow
aged 4 years old having black colour which was seized by officer of
the respondent on 01/01/2026. It was forcibly taken by MCGM from
the custody of applicant. When the applicant demanded said animal
to the respondent, it was refused by the respondent. Hence, this
application.
2. Say is filed by Cattle Pound Officer with the contention
that the applicant violated the provisions of Section 441 (D) of the
MMC Act. The cattle are prohibited in urban area. Provisions of
The Bharatiya Nagarik Suraksha Sanhita, 2023 for return of the
property is not applicable to the present proceeding. Therefore, the
application is not maintainable and the same be rejected.
3. Heard both sides. Perused the documents and say filed
by Cattle Pound Officer. The fact that the animal was seized on
01/01/2026 is not in dispute. The applicant claimed custody of
animal on the count that he is the owner of above said animal.
However, he did not submit the document of ownership. The
respondent though objected the application, did not specifically
oppose, deny the fact that the applicant is the custodian of animal.
The only objection is that violation of Section 441(D) of MMC Act by
the applicant. Till today, no one claimed the custody of animal except
the applicant. The respondent also did not mention that anyone
claimed the custody of animal. This application has been supported
by an affidavit. Considering these aspects, it prima facie appears that
the applicant is custodian of said animal. Therefore, it is necessary to
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- 2 - C.C. No. : 3900001/N/2026
direct the respondent to return said animal as per rules. Hence, the
following order :-
O R D E R
i) The application is allowed.
ii) The respondent is directed to hand over 01 Cow aged 4 years
old having black colour to the applicant on payment of necessary fees
and expenses in view of Section 441(D) of the MMC Act after due
verification of animal as well as of the applicant.
Declared in the court.
Sd/-
(Amrit C. Birajdar)
Judicial Magistrate (First Class),
Dated: 02/01/2026 39th Court, Vile Parle, Mumbai.
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