Bombay High Court, recently rejected a petition from a gaushala who sought the custody of the cattle that had been seized in the case of illegal transportation. The judgment has significance as it marks an important legal procedure that follows in dealing with such cases and avoids further exploitation of animals.Case Summary The petition was sought on a fact scenario that the authorities had intercepted trucks carrying cattle in circumstances said to be in violation of animal welfare acts. The cows were found to be rearing each other in deplorable and perilous conditions and, thus grave concerns were there regarding how they have been treated. After its seizure, it is averred by gaushala that it is equipped and has facilities that can provide care for them. Observations of the Court It further noted that the gaushala had not given an appropriate assurance that the seized cattle would not be further exploited or traded. It added that custody in such matters should be more animal-welfare-oriented and must advance the purposes of the Prevention of Cruelty to Animals Act, 1960. The court further observed that there was an aspect that custody findings must be based upon the circumstances of seizure and even the potential that they could have for future similar illegalities concerning those animals. Legal Background Indian law has generally expropriated cattle captured from illegal transportation cases and designated them to government-run shelters or NGOs for their care pending their release. The Act stipulates that their management must be for health and humane treatment of animals and therefore deters some actions which might lead to additional abuse. Effects of the Judgment This ruling brings home an important fact-the custody over the animals, once held in captivity or taken in charge, is a custodian's responsibility toward them instead of ownership. Rejecting the gaushala plea, the court has driven home the idea that concerns for animals must precede individual or organisational interest. The judgment has been welcomed by the animal rights activists, who say that the case is now the right time for strict control and accountability over illegal transportation and exploitation of cattle. According to them, the verdict will reflect the commitment of the judiciary towards the welfare law of animals in India. The impounded cattle shall be kept in the custody of authorized shelters until further orders from the court or other competent authorities. This case also highlights the need to better enforce animal transportation regulations to avoid such incidents in the future.