HC denies interim custody of cattle to owners: ‘Animals have emotions’

The High Court on June 6 passed the verdict in pleas by three persons, owners of the cattle, challenging the August 23, 2022 order of Nagpur sessions court which dismissed their revision application against the April 11, 2022 order of a magistrate court in Nagpur.

The magistrate had rejected the prayer for handing over custody of the seized animals.

The petitioner, though not accused of the crimes, had claimed they had license for sale and purchase of the animals concerned.

The animals, which were being allegedly transported in the truck illegally, were intercepted and seized under the Prevention of Cruelty to Animals Act.

The petitioners, through advocate Laique Hussain, argued that the animals could be handed back to them till the final adjudication of the matter and they can also enjoy the income from milching the buffaloes. However, the bench questioned the way in which the animals were transported in “cruel condition” resulting in violation of the rules.

“The animals were loaded 3-4 times beyond the capacity of the vehicles and number of animals per vehicle prescribed under the rules. There was no provision of first-aid equipment in the vehicles and no arrangement of water and fodder in the vehicles. The animals were being transported by goods vehicles. In the vehicles, there was no special arrangement with regard to the special type of tail board and padding around the sides. Similarly, there was no anti-slipping material on the floor of the vehicles. The number of animals transported in each vehicle would, therefore, clearly indicate that it was in violation of the Transport of Animal Rules, 1978.” the court observed.

The Bombay HC also referred to the Supreme Court decision which stated that it was not proper to hand over custody of animals to their owners in cases involving allegations of cruelty to them.
The court also directed the Maa Foundation, a registered gaushala, to take over custody of animals till final disposal of the matter.

The bench also directed the officer from the police station concernedto visit the gaushala with the veterinary officer twice a month, and submit reports of the visits to the magistrate concerned.