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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
RUMI KUMARI PHUKAN, J.
Meher Banu Begum W/o Hazarat Ali Ahmed – Petitioner
Versus
The State of Assam – Respondent
Crl. Rev. Pet. Nos. 41, 42, 44, 45, 46, 47, 85, 86 of 2021
Decided On : 17-11-2021
Prevention of Cruelty to Animals Act, 1960 - Section 11(1)(a)(b)(d)(e), 47(b), 3, 35 and 29 - Indian Penal Code, 1860 - Section 120(B)/379, 428/429 - Motor Vehicles Act, 1988 - Section 184/179 - Animals Rules, 1978 - Rule 56(c) - Environment Protection Act, 1986 - Solid Waste Management and Handling Rules, 2007 - Vehicle Carrying Bulls - Seized Cattle - Police officials along with his team went to NH-31 and apprehended truck and on search being made into truck, recovered 10 numbers of bulls carried in truck without any valid documents and driver of said vehicle fled away and no any document could be traced in vehicle for carrying such bulls.
Finding of the Court:
It is evident that there is clear violation of requirement of Rule 56(c) of Transport of Animal Rules, nor required medical certificate has been furnished from qualified Veterinary Surgeon as per Rule 47(a) of Transport of Animals Rules, 1978 - Petitioner being bound by said direction, has nowhere pleaded that such transportation was made as per above rules and procedure rather petitioner is totally silent as to compliance of all above - Petitioner cannot be permitted to use said permission granted by Government for inter-state transportation of cattle etc. in an illegal manner without complying rules under law - This Court is of opinion that learned trial court has rightly appreciated matter in proper perspective of law while rejecting zimma prayer of petitioner and giving same to third party/respondent no. 2 with direction to the owner/petitioner to bear cost, failing which forfeiture of seized cattle - There being no illegality and irregularity in impugned orders, no interference is called for and resultantly all revision petitions stand dismissed with a direction to learned trial court to expedite matter of trial as early as possible as well-being of large number of animals is in question.
Result: Petitions dismissed.
ORDER :
1. All the criminal revision petitions are taken up jointly for disposal as the petitions have arisen out of the same issue and fact.
2. Heard Mr. I. Rafique, learned counsel appearing for the revision petitioner. Also heard Mr. P.S. Lahkar, learned Addl. P.P. Assam and Mr. D. Das, learned counsel appearing for the private respondent Dhyan Foundation.
3. The cases under reference have altogether in the same backdrop and on similar circumstances different cases have been registered which can be discussed as below:
4. On 19.12.2020, on the basis of secret information that a truck was carrying cows illegally from West Bengal towards Assam, the police conducted a naka checking at Simultapu at about 1:00 P.M. a truck bearing Regn. No. NL-01-AD-3926 was intercepted at NH-31C, at Simultapu and it was found that 25 male cows were loaded on the truck and the driver of the truck could not produce any valid document against the loaded cows. Accordingly, the FIR was lodged 19.12.2020 by the police officials which was registered as Gossaigaon P.S. Case No. 589/2020, under Sections 379/411/289 of the IPC, read with Section 11(1)(a)(d)(e)(h) of the Protection of Cruelty to Animal Act the cattle and the vehicles were seized.
5. During investigation of the said case, on 24.12.2020, as per secret information, another truck bearing Regn. No. AS-25-EC-3254, carrying 20 male cows was apprehended and the driver of the truck fled away. The truck along with the cattle were also seized. Then on 26.12.2020, on secret information, another truck bearing Regn. No. UP-12-AT-6696, carrying 22 buffalos were apprehended. On the same day, the truck bearing Regn. No. UP-21-BN-9641, illegally carrying 35 male cows, the truck bearing Regn. No. UP-78-BT-8683, illegally carrying 25 buffalos and the truck bearing Regn. No. WB-59-C-3713, illegally carrying 35 cows were apprehended but the drivers of the truck Nos. UP-12-AT-6696 and UP-21-BN-9641 fled away. However, the trucks with the loaded 117 cattle (70 male cows and 47 buffalos) were seized in connection with the case.
6. Again on 01.01.2021, an FIR was lodged by ASI Manjit Nath, alleging that on that day at about 3:00 A.M. on the basis of secret information that a truck was carrying cows illegally from West Bengal towards Assam, the police conducted a naka checking at Simultapu. At about 4:30 A.M. four trucks bearing Regn. No. NL-01-K-9840, NL-01-K-8298, NL-01-L-3157 and NL-03-A-9531 were intercepted at NH-31C, at Simultapu and altogether 104 numbers of cows were found loaded on the truck. Two drivers of the truck managed to flee, taking advantage of darkness, whereas two drivers were apprehended. On being asked, the drivers who were apprehended, could not produce any valid documents against the loaded cows. Hence, the cows were seized and the case was registered.
7. During investigation of the said case, again on 03.01.2021, as per secret information, another four trucks bearing Regn. No. UP-78-CN-8150, UP-22-AT-1768, HR-38-T-7615 and UP-12-BT-1335, carrying 110 of male cows and buffalos were apprehended along with ten accused persons. Again on 11.01.2021, the police seized 18 cattle, which were carrying on foot and the persons who were taking the cattle, fled way from the spot.
8. In connection with the aforesaid cases, police arrested several accused persons, who were carrying the cattle/buffalos in
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