Supreme Court Allows Appeal for Release of Vehicle in Animal Preservation Case — Misapplication of Law Found. The vehicle was seized while transporting buffalo calves, which are not included in the prohibited categories under the Gujarat Animal Preserv

The Supreme Court allowed an appeal for the release of a seized vehicle transporting buffalo calves after lower courts misapplied the law. The police seized the appellant’s Eicher Truck on 02.08.2012 and registered an FIR under the Indian Penal Code, the Motor Vehicles Act, the Gujarat Animal Preservation Act, and the Prevention of Cruelty to Animals Act, 1960. The Judicial Magistrate rejected the release application under Section 6B(3) of the Gujarat Animal Preservation (Amendment) Act, 2011, which mandates holding a vehicle for six months. The District & Sessions Judge and the High Court upheld this rejection. The appellant contended that buffalo calves are not prohibited animals under Section 5(1A) of the Act. The Supreme Court held that the lower courts erred because buffalo calves do not fall under the prohibited categories, making the six-month detention rule inapplicable. The court noted that keeping the vehicle at the police station exposes it to natural decay from weather conditions. The Supreme Court set aside the previous orders and directed the immediate release of the truck.