Powers with regard to offences under Act XI of 1890 and corresponding laws. 48

74. When in respect of an animal an offence under section 3 or section 5 or 4[* *] section 6 of the Prevention of Cruelty to Animals Act, 1890, 5[or under section 3 or 5 or 6 of that Act as inforce in the Saurashtra area of the '[State of Gujarat] 6( * * * *] ] has been committed, or, when there is a reasonable ground for suspecting that such offence has been committed, a Police officer may- ( a) take the animal to a Magistrate, or (b) ifthe accused person so require, take the animal to a veterinary officer, if any, empowered by the State Government in this behalf, or (c) take the animal to an infirmary appointed under 8[sub-section (1) of section 6B] of the said Act for treatment and detention therein, pending direction of a Magistrate under 9[ sub-sections (2) and (3) of the said section,] or (d) when the animal is in such a physical condition that it cannot be taken to a veterinary office 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 I. This section was inserted by Born. 34 of! 959 s. 25. 2. These words were substituted for the words "Pre-Reorganisation State Bombay excluding the transferred territories" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 3. These words were substituted for the words "State of Bombay", ibid. 4. The words. brackets and figures "sub-section (I) of' were deleted by Born. 21 of 1954, s. 3, Second Schedule. 5. This portion was substituted for the words and figures "hereinafter in this section and in sections 75 and 77 referred to as the said Act" by Born. 34of1959, s. 26 (!). 6. The words and figures "or under section 3 or 4 or 5 of the Prevention of Cruelty to Animals Act" were deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 7. These words were added by Born. 34 of 1959, s. 26 (2). 8. These words, brackets and figures were substituted for "sub-section (2) of section 6" by Born. 21of1954, s. 3, Second Schedule. 9. These words, brackets and figures were substituted for "sub-section (3)", ibid. See also Act 59 of 1960. XI of 1890. XI of 1890. Hyd. of 1313. 1951: Born. XXII] Gujarat Police Act. 1951 over to its owner unless the Magistrate passes an order for its further detention in an infirmary.