section 74
Powers with regard to offences under Act 49 of 1960 and corresponding laws.
The Bombay Police Act, 1951Chapter VI Chapter VI
When in respect of an animal an offence under sub-section (1) of Sec. 11 or Sec. 12 of the Prevention of Cruelty to Animals Act, 1960 (hereinafter in this section and in Secs. 75 and 77 referred to as “the said Act”) bas been committed, or, when there is a reasonable ground for suspecting that such offence bas 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 the State Government, in this behalf, or (c) take the animal to an infirmary appointed under Sec. 35 of the said Act for treatment and detention therein, pending direction of Magistrate of the said section, or (d) when the animal 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 the cases falling under Cl. (b) or (d) the Police officer may direct that the animal shall be sent for detention in a dispensary or any suitable place approve, 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.
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