IMPORTANT POINT
Ownership and livelihood are paramount in determining interim custody of seized property under Cr.P.C. provisions.

ORDER :

1. The present criminal revision case is filed aggrieved by the order dated 10.01.2024 passed in Crl. M.P. No. 883 of 2023, in connection with Crime No. 216 of 2023 of Kadapa Taluk Police Station, on the file of II Additional Judicial Magistrate of First Class, Kadapa, whereby the petition filed by the revision petitioner under Sections 451 & 457 of Cr.P.C. seeking interim custody of the cattle (seized cows and calves) was dismissed.

2. It is the case of the petitioner that 73 cows belonging to him were seized by the 1st respondent police from the backyard of the 2nd respondent-accused/Arabic School (Madrasa) Management. The said cattle were kept on the premises to provide water after grazing and regular grass feeding. The de facto complainant lodged a complaint with the police on the impression that the cows might have been kept for slaughtering because of the Bakrid Festival. On suspicion, the police acted on the complaint, seized the cows and calves, and transported 47 cows to the Goshala and seven cows to the shed maintained by Kadapa Municipal Corporation. The petitioner has purchased the cows to fetch income by selling their milk and cattle manure which is used for the agriculture fields. Immediately after the seizure, he approached the police and requested them to release the cattle. Then, the police informed him that the cattle would be released one week after the Bakrid festival to avoid the scope of slaughtering during the festival. Thereafter, he slipped in the agriculture field, sustained an injury to his backbone and was bed ridden and due to the said injury, he could not move a petition for the release of the cattle. It is also the case of the petitioner that the investigation was completed and the police had filed receipts before the Court regarding seizure of several cattle.

3. A counter affidavit was filed on behalf of the 1st respondent stating that on 17.06.2023 the de facto complainant, Musalaiahgari Gandi Reddy, who is the President of the Hindu Charitable Institution, Kadapa, lodged a complaint with the police stating that on 17.06.2023 he proceeded to Kamalapuram village and when he reached M.J. Function Hall, he found a herd of cows tied in a shed within the Madrasa premises and informed about the same to Hindu Chaitanya Vedika members over phone. Later, the members of the Hindu Chaitanya Vedika and the de facto complainant entered the premises and counted the cows and calves. On enquiry, they learnt that the cows were brought and stalled for slaughtering on the eve of Bakrid festival and informed of the same to police. The police came there and handed over seven cows to the Municipal Corporation and the remaining cows to Brahmini Goshala and preferred a report. Based on the informant's report, a case was registered in Cr. No. 216 of 2023 for the offences punishable under Sections 5 and 6 read with Section 10 of A.P. Prohibition of Cow Slaughter and Animal Preservation Act, 1977.

4. Heard Sri S. Madhava Rao, learned counsel for the petitioner, and learned Assistant Public Prosecutor appearing for the 1st respondent.

5. The learned counsel for the petitioner submits that the seized cows and calves in connection with the above crime belonged to the petitioner. The petitioner purchased the cows to eke out his livelihood by selling the milk and cattle manure. The petitioner has been looking after the cattle with due care. The de facto complainant appears to have lodged the complaint on the impression that the cows were kept in the backyard of the 2nd respondent Arabic school and that the cows were kept there for slaughtering purpose on account of Bakrid festival. The 2nd respondent is not concerned with the seized cattle, as the cattle exclusively belonged to the petitioner. The investigation was also completed and the police filed a report before the Court regarding several cattle seized by them. The cattle are very essential for the petitioner’s livelihood. He therefore prayed to grant interim custody