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SUMATHI JAGADAM
Lekkaluri Gurrappa – Appellant
Versus
State of Andhra Pradesh – Respondent
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
Ownership and livelihood are paramount in determining interim custody of seized property under Cr.P.C. provisions.
Point of Law : Section 451 Cr.P.C. it appears that unless owner of the animal in respect of which he is facing prosecution, is deprived of the custody (which can be done only on his conviction under ....
The main legal point established in the judgment is that the accused, prima facie guilty of causing cruelty to the animals, was not entitled to interim custody of the seized cattle.
Ownership of animals does not guarantee custody if the owner fails to comply with legal requirements for their transport and care, as established under the Prevention of Cruelty to Animals Act and re....
Section 11(5) provides that “on receipt of the report, the Judicial Magistrate 1st Class may, on his being satisfied that there is enough material to presume that a prima-facie offence under this Act....
The court ruled that ownership claims must be substantiated for custody release of animals, prioritizing animal welfare considerations.
Interim custody of animals transported in violation of animal welfare and transport laws must remain with authorized shelters until trial concludes, ensuring prevention of cruelty despite claims of l....
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