The registered owner can be criminally liable under animal welfare laws if their actions permit cruel treatment during transportation.

JUDGMENT :

PRANJAL DAS, J.

1. Heard Mr. N.J. Daimari, learned counsel for the petitioner as well as Mr. P. Borthakur, learned Addl. P.P. for the State respondent.

2. The instant proceeding has arisen out of an application filed by the petitioner, Kamala Begum, under section 528 BNSS ,2023, seeking quashing of FIR giving rise to Kaliabor P.S. Case No.97/2023 and the subsequent charge-sheet dated 03.08.2023, filed after completion of investigation.

3. The background facts are that one FIR dated 03-11-2023 was lodged at the Kaliabor police station with the allegation that on 02-11-2023, in the wee hours at around 01.30 am, upon information from reliable sources, a Naka checking was laid on NH-37, during which one 16-wheeler truck bearing registration number AS-01-PC-1278 was found to be carrying 30 numbers of ox in a pathetic condition without food or water. The driver Noor Islam Khan and handyman Dildar Hussain were apprehended and upon being questioned, they stated that the vehicle was loaded with cattle from Silapathar, Dhemaji and were being carried to Meghalaya.

4. It is alleged in the FIR that these two persons could not produce proper receipts of the cattle and therefore, it was suspected that the cattle were being transported illegally.

5. The case was registered under sections 379/411 IPC , read with section 11(1)(a)(b)(c)(d) of Prevention of Cruelty to Animal Act (hereinafter PCA Act), read with Section 13 (1) of the Assam Cattle Preservation Act, 2021, (hereinafter Assam Cattle Act ).

6. After completion of investigation, the case was charge-sheeted against Noor Islam Khan and Dildar Hussain. The charge sheet was filed under Sections 120B/379/411 IPC , read with 120B/379/411 sections. The charge sheet was filed against driver Noor Islam Khan, handyman Dildar Hussain and Noor Islam Khan, Kamala Begum, the present petitioner and Abdul Rahman. The present petitioner, Kamala Begum, is stated to be the owner of the said 16-wheeler truck bearing number AS-01-PC-1278.

7. It is submitted and contended by the learned counsel for the petitioner that she is the owner of the truck and that she is not involved in said transportation of the cows. It is also contended that being the registered owner, she has been falsely implicated as violating the Provisions of the Animal Cruelty Act and the Assam Cattle Act .

8. On the other hand, the learned Additional P.P. appearing for the State respondent submits that at the time of seizure, 30 (thirty) numbers of bullocks were found, which is much beyond the permissible numbers to be carried in terms of the rules framed under the PCA Act, and therefore, prima facie the animals were being ferried in a circumstance inflicting cruelty upon them.

9. It is also submitted by the learned Additional P.P. that the materials have indicated that the cattle were loaded on to the truck at the behest of Moktar Hussain, husband of the petitioner, but he has not been arrayed as an accused in the FIR nor charge-sheeted after investigation. The present petitioner, who is the wife of the said Moktar Hussain, is the registered owner of the said of the concerned vehicle.

10. As per the seizure list dated 15-11-2023, six money receipts of Simon Chapori weekly market in the name of Abdul Rahman was found with regard to 30 cattle.

11. In any case, the charge sheet has been filed under the provisions of the Animal Cruelty Act and the Assam Cattle Preservation Act. On the basis of the materials available at present, there is no dispute that the present petitioner is the owner of the truck. As per another seizure list dated 15-11-2023, the