Section 74State of Maharashtra Act

Section 74: Powers with regard to offences under Act LIX of 1960

Powers with regard to offences under Act LIX of 1960.

When in respect of an animal an offence under sub-section (1) of section 11 or section 12 of the Prevention of Cruelty to Animals Act, 1960 (hereinafter in this section and in sections 75 and 77 referred to as “the said Act”) has been committed, of when there is reasonable ground for suspecting that such offence has been committed, a Police officer may––

(a)

take the animal to a Magistrate, or

(b)

if the accused person so requires take the animal to a veterinary officer, if any, empowered by State Government in this behalf, or

(c)

take the animal to an infirmary appointed under section 35 of the said Act for treatment and detention, pending direction of a Magistrate under the said section,

(d)

When the animals is in such a physical condition that it cannot be taken to a veterinary officer or a Magistrate, draw up a report of the condition of the animal in the presence of two or more respectable persons describing such wounds, sores, fractures, bruises or other marks of injury as may be found on the body of the animal:

Provided that, in cases falling under clause (b) or (d) the Police officer may direct that the animal shall be sent for detention in a dispensary or any suitable place approved by the State Government by general or special order and be there detained until its production before a Magistrate:Provided further that an animal so detained shall be produced before a Magistrate with the least possible delay and within a period not exceeding three days from the date on which it was sent for detention and shall be handed over to its owner unless the Magistrate passes an order for its further detention in an infirmary.

Sec 73A — Omitted

Sec 75 — Power of Magistrate to return animal to person from whose possession it was taken

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