Maharashtra Police Act 1951
Section 44 :
Destruction of stray dogs :
(1) The Commissioner and the 1.[Superintendent] in areas under their respective charges, may from time to time by public notice, proclaim that any stray dogs found, during such period as may be specified in the said notice, wandering in the streets or in any public place may be destroyed, and any dog so found within such period may be destroyed accordingly.
(2) The authority empowered under sub-section (1) may by public notice require that every dog, while in any street or public place and not led by some person, shall be muzzled in such a manner as effectually to prevent it from biting, while not obstructing its breathing or drinking, and the Police may, so long as such notice remains in force, destroy, or take possession of and detain, any dog, found loose without muzzle in any street or place beyond the premises of the owner thereof:
Provided that any dog so found, wearing a collar on which an apparently genuine name and address of an owner is inscribed, shall not unless it is rabid, be forthwith destroyed, but information of the detention thereof shall forthwith be sent by post or otherwise to such owner.
(3) Any dog which has been detained under sub-section (2) for a period of three clear days without the owners providing a muzzle and paying all expenses connected with such detention, may be destroyed or sold with the sanction and under the orders of the competent authority.
(4) The proceeds of the sale of any dog under sub-section (3) shall be applied, as far as may be, in discharge of the expenses incurred in connection with its detention, and the balance, if any, shall form part of the consolidated fund of the State.
(5) Any expenses incurred in connection with the destruction or detention of any dog under this section shall, subject to the provisions of sub-section (4), be recoverable from the owner thereof upon a warrant issued by the competent authority as if it were a warrant under section 386 of the 2.[Code of Criminal Procedure, 1898.]
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1. Substituted for words ‘District Superintendent’ by Maharashtra 46 of 1962, Section 3, Schedule.
2. Now the Code of Criminal Procedure, 1973, (2 of 1974).
Code of Criminal Procedure, 1898
Section 386 :
Warrant for levy of fine :
(May be same as Criminal Procedure Code 1973 (2 of 1974 ) section 421.)
