IMPORTANT POINT
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 related regulations.

JUDGMENT :

HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

All the three petitions are taken up together for disposal, as they related to same police case i.e. Gossaigaon P.S. Case No.23/2021, registered under Sections 279/353/307/289/ 379/411/289 of the IPC, read with Section 11(i)(a)(d)(e)(h) of the Prevention of Cruelty to Animal Act.

2. Heard the learned counsel appearing for and on behalf of their respective petitioners. Also, heard Mr. P.S. Lahkar, learned Addl. P.P., Assam, representing the respondent Nos.1 & 2 and Mr. D. Das, learned counsel appearing for the respondent No.3/Dhyan Foundation.

3. On 14.01.2021, ASI Manjit Nath of Simultapu OP, PS-Gossaigaon, District-Kokrajhar (Assam) lodged an FIR that on 14.01.2020 at about 02:05 AM secret information has been received from source that some trucks carrying cattle illegally are coming from West Bengal towards Assam. Accordingly, in this regard he along with I/C Simultapu OP and staff conducted Naka Checking duty at Simultapu NH-31C. At about 05:40 AM four trucks bearing registration nos.UP21 CN-3756, UP21BN-9171, AS01LC-6771 and AS01MC-1473 are found coming from West Bengal side with a full speed and gave signal for stopping them, but the driver violated the traffic signal and tried to escape by breaking the barricade and screaming to kill (“maar” “maar”). Sensing the ill intention of the accused the policemen on road moved away from the path of the truck to prevent being killed but continued to chase the four trucks and after some chasing was able to detain the four vehicles. But the drivers of container trucks vehicles bearing registration no.UP21CN-3756 and AS01LC-6771 managed to flee away by taking the advantage of darkness. After checking, it has been found that 24 (twenty four) numbers of male cows were loaded in the container truck bearing reg. No.UP21CN-3756, 29 (twenty nine) numbers of male cow were loaded in the container truck bearing reg. No.UP21BN-9171, 20(twenty) numbers of male cow & 04 nos. of death cow were loaded in the container truck bearing reg. No.AS01LC-6771 and 20(twenty) numbers of male cow were loaded in the truck bearing reg. No.AS10MC-1473. On being asked the two truck drivers could not produce any documents and no any livestock permit, no NOC was issued from the Directorate of Animal Husbandry Department, no health certificate of the cattle are found in the four trucks. So, it is strongly suspected that the cattle were brought for the purpose of slaughtering as all the cattle are male which they transported from one place to another for meat purpose only. Further, the suspected four trucks loaded with 97 (ninety seven) nos. of cattle has been seized in presence of witness and brought to Simultapu OP for further necessary action. Hence, the case has been registered and investigated into.

4. During investigation on 15.01.2021, as per secret information from source in connection with this case intercepted another truck bearing registration No.UP78CT-2073 carrying 30 (thirty) numbers of male cow illegally and arrested the accused person Md. Anowar Hussain and seized the said truck and cattle from his possession for taking necessary action as per law in connection with the case. Also during investigation on 19.01.2021, again as per secret information from source in connection with this case intercepted another container truck bearing registration No.WB91-3001 carrying 33 (thirty three) numbers of male cow illegally and arrested the below noted accused persons and seized the said truck and cattle from his possession for taking necessary action as per law in connection with the case.

5. In continuation of investigation of this case again on 23.01.2021 secret information has been received from source that some trucks carrying cattle illegally are coming from West Bengal side towards Assam side and during Naka Checking at Simultapu NH31C one suspected truck bearing registration No.UP23T-9602 was given signal to stop but they violated the police signal with intent