HON’BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL REVISION CASE No.1773 of 2014 Date: 06.11.2014 Between:
Mohammed Abrar … Petitioner And The State of Telangana, rep. by its P.P., High Court at Hyderabad.
… Respondent HON’BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL REVISION CASE No.1773 of 2014 ORDER :
This Criminal Revision Case is filed under Section 397 of Cr.P.C., against the order dated 21.07.2014 passed in Crl.M.P.No.644 of 2014 in Crime No.236 of 2014 by the learned I Additional Judicial Magistrate of First Class, Khammam, wherein an application filed by the petitioner seeking interim custody of the cattle seized in Crime No.236 of 2014 of II Town Police Station, Khammam, under the cover of panchanama while transporting them in Lorry bearing No.AP 11V 7783, was rejected.
2. The case of the prosecution is that on 6.5.2014 at about 12.00 p.m., a Lorry bearing No.AP 11V 7783 carrying 100 cows and calves in an inhuman condition were intercepted by the II Town Police, Khammam, while they were being transported from Parvathipuram of Srikakulam to a slaughter house at Hyderabad. It is alleged that the cattle was not fed with water or feed from two days. The information about the transport was passed on to Animal activists by some of the visitors in R.T.O. office. Basing on the same, the R.T.O., Khammam, registered a case against the driver of the truck and as the condition of the cattle was bad, the same were taken to a Goshala at Sivaigudem village of Raghunathapalem Mandal for further treatment and medical care. The averments in the report also disclose that the cattle does not possess any certificate from the Veterinary doctor to the effect that they were fit for travel and the confession of the offending Lorry driver also discloses that the cattle were being taken to slaughter house at Hyderabad. Basing on these allegations, the above case was registered for the offence punishable under Section 9(1) of the Prevention of Cruelty to Animals Act, 1986 and Section 10 r/w. Section 12 of A.P. Prohibition of Cow Slaughter and Animal Protection Act, 1977. Later, the petitioner filed an application in Crl.M.P.No.644 of 2014 in Crime No.236 of 2014 on the file of I Additional Judicial Magistrate of First Class, Khammam, seeking interim custody of the cattle seized. The learned Magistrate, by order dated 21.7.2014, dismissed the said application on the ground if the cattle are released in favour of the petitioner, there is every likelihood of the petitioner selling the cattle to the slaughter house. Challenging the said order, the present revision case is filed by the petitioner.
3. Sri J.P. Srikanth, learned counsel for the petitioner submits that the petitioner is the owner of the cattle and the cattle were never meant to be sold at slaughter house and as such prays for interim custody of the cattle in favour of the petitioner.
4. On the other hand, the learned Public Prosecutor appearing for the State opposed the relief sought for in this revision case.
5. A perusal of the case record placed before this Court discloses that on the date of incident i.e., on 6.5.2014, while about 100 cattle are being transported from Parvathipuram of Srikakulam to slaughter house at Hyderabad in an inhuman condition by breaking their legs in a Lorry bearing No.AP 11V 7783, were intercepted by the police of II Town Police Station, Khammam, and on intimation of the Animal activists, now the cattle are being kept in a Goshala at Sivaigudem Village of Raghunathapalem Mandal. Since the ownership of the cattle is not disputed, if the said cattle are not released in favour of the petitioner on certain terms and conditions, it is difficult for the Goshala at Sivaigudem to maintain such large number of cattle.
6. Having regard to the facts and circumstances of the case, since there is no dispute with regard to ownership of the petitioner on the said cattle, it is a fit case to release the cattle in favour of the petitioner subject to certain terms and conditions.
7. Accordingly, this criminal revision case is disposed of, and the cattle, which are seized in Crime No.236 of 2014 of II Town Police Station, shall be released in favour of the petitioner, on his furnishing a bank guarantee for Rs.7,50,000/- (Rupees seven lakhs fifty thousand only), which document, if any, shall be kept in the custody of the Court till completion of the trial in the said case. The petitioner also shall give an undertaking that he will not sell the cattle to any third party or to any slaughter house; the death of cattle, if any, shall be intimated to the Magistrate’s Court, forthwith; and if, for any reason, the petitioner wants to sell the cattle, he shall obtain prior permission from the trial Court and the trial Court, depending upon the circumstances, may pass appropriate orders.
8. Subject to the above directions, this criminal revision case is disposed of.
JUSTICE C. PRAVEEN KUMAR 06.11.2014.
Msr HON’BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL REVISION CASE No.1773 of 2014 06.11.2014 (Msr)