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2018 Supreme(Mad) 1874
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.V. MURALIDARAN, J.
Mohammed Shabek & Others - Petitioners
Versus
The State, Rep. by the Inspector of Police, Erode & Another - Respondents
Crl.R.C. No. 795 of 2017 & Crl.M.P. No. 7288 of 2017
Decided On : 24-09-2018
For the Petitioners:V. Raghavachari for M/s. T.N. Rangesh Kanna, Advocates.
For the Respondents:G. Harihara Arun Soma Sankar, Government Advocate (Crl. Side), N.R. Elango, Senior Counsel for M/s. S. Suresh, Advocate.
Headnote:
Indian Penal Code,1860 - Sections 428, 429 ,506(ii) and 294(b) – Criminal Procedure Code,1973 - Section 241 - Prevention of Cruelty of Animals Act, 1960 - Section 428 ,11(1)(a)(d)(e) ,29,3 and 11 - Criminal Revision Case has been filed by the petitioners against the order dated 25.04.2017 passed in S.T.C.No.238 on the file of the learned Judicial Magistrate No.III, Erode - Case of the prosecution is that defacto complainant, S.P. and his friend were returning in a two wheeler from to his native and when they were nearing junction, in front of Hotel, he saw six lorries covered with sheets parked there - In one of the lorries Tarpaulin sheet was loosely tied and through that side, he saw the injured cows and bullocks - When he tried to open the other lorries covered with Tarpaulin, the drivers and the hotel owners chased them in two wheelers with knives - Complainant and his friend called their friends over mobile phone - Immediately, their friends and nearby villagers assembled and they went near lorries and found totally 81 cattle being illegally transported in the lorries - Based on the complaint, a case in Crime No.30 on the file of Police Station was registered against the petitioners and 11 others - After examining the witnesses and on completion of the investigation, on 06.04.2017, the Sub Inspector of Police, Chithode Police Station filed charge sheet against accused Nos.1 and 2 - Learned Judicial Magistrate No.III, Erode has taken the case on 18.4.2017 as S.T.C.238 – Held, Court has to come to the rescue of the animals and prevent cruelty meted out to the poor animals - Stringent action should be taken as against those who violate the such rights of animals and the animal welfare legislations - Even vehicles which are used should be dealt with under the Motor Vehicles Act and punishment as contemplated therein should be imposed - Before parting with the order, it is reiterated that the object of PCA Act is only to prevent animals from being put to cruelty - Therefore, stringent action should be taken as against those who violate the laws. The finding of the learned Judicial Magistrate that the petitioners are not entitled to return of the cattle is well founded, as the accused themselves pleaded guilty and have been convicted - This Court finds no infirmity and/or perversity in the order of the learned Judicial Magistrate No.III, Erode - Court directs the Chief Secretary of the Government and the authorities concerned in the Animal Welfare Department, as well as the Transport Department, to ensure that these laws do not remain mere paper tiger -They should take immediate stringent steps to give life to law and teeth to the provisions for fulfillment of the soul of the said enactments - Court is hereby directed to issue circulars to the lower Courts to take note of these provisions and to dealt with the cases in proper manner and the offenders should be punished properly for violation of the provisions of the Prevention of cruelty of Animals Act, 1960 and the Motor Vehicles Act relating to transportation of cattle too - Consequently, connected miscellaneous petition is closed.
1. This Criminal Revision Case has been filed by the petitioners against the order dated 25.04.2017 passed in S.T.C.No.238 of 2017 on the file of the learned Judicial Magistrate No.III, Erode.
2. The case of the prosecution is that on 23.01.2017 at about 11.00 hours, the defacto complainant, S.P. Srinivasa Murthy, and his friend were returning in a two wheeler from Bhavani to his native and when they were nearing Nasiyanur junction, in front of Hotel Paradise, he saw six lorries covered with Tarpaulin sheets parked there. In one of the lorries Tarpaulin sheet was loosely tied and through that side, he saw the injured cows and bullocks. When he tried to open the other lorries covered with Tarpaulin, the drivers and the hotel owners chased them in two wheelers with knives. The complainant and his friend called their friends over mobile phone. Immediately, their friends and nearby villagers assembled and they went near lorries bearing registration Nos.KA 45 8793; KA 13 1393; KA 45 9454; KA 41B 4215; KA 01 AD 3662 and KL 48 B 0766 and found totally 81 cattle being illegally transported in the lorries.
3. Based on the complaint, a case in Crime No.30 of 2017 under Sections 428, 429 and 506(ii) of I.P.C. on the file of Chithode Police Station was registered against the petitioners and 11 others. After examining the witnesses and on completion of the investigation, on 06.04.2017, the Sub Inspector of Police, Chithode Police Station filed charge sheet under Section 294(b) I.P.C. against accused Nos.1 and 2 and under Section 428 I.P.C. and Section 11(1)(a)(d)(e) of Prevention of Cruelty of Animals Act, 1960 against accused Nos.3 to 17 before the learned Judicial Magistrate No.III, Erode. The learned Judicial Magistrate No.III, Erode has taken the case on 18.4.2017 as S.T.C.238 of 2017.
4. After notice to the accused, on 25.04.2017, all the accused appeared before the learned Judicial Magistrate No.III, Erode and when they were asked about the offence, all the accused admitted the guilt and also filed application admitting the guilt. In view of the admission made by the accused, the learned Judicial Magistrate No.III, Erode convicted the accused 1 and 2 under Section 294(b) I.P.C. and the accused 3 to 17 under Section 428 and Section 11(1)(a)(d)(e) of Prevention of Cruelty of Animals Act, 1960 and imposed fine of Rs.1000/- each on the accused 1 and 2, failing which it was ordered that they should undergo two weeks simple imprisonment. As far as accused Nos.3 to 17 are concerned, the learned Judicial Magistrate imposed fine of Rs.2000/- each on the accused 3 to 17 for the offence under Section 428 I.P.C., failing which it was ordered that they should undergo one month simple imprisonment and also imposed fine of Rs.150/- each for the offence under Section 11(1)(a)(d)(e) of the Prevention of Cruelty of Animals Act, failing which to undergo fifteen days simple imprisonment. While so convicting the accused, the learned Judicial Magistrate observed that one Ashmath and one Umeer were owners of 29 cattle and they were not charged and/or arrayed as accused. Hence, they were entitled to return of 29 cattle on payment of maintenance charges of Rs.50/- each cattle per day. The learned Judicial Magistrate also directed that after taking custody of the cattle by Ashmath and Umeer, cattle will have to be transported through vehicles as per the provisions of Motor Vehicles Act. If Ashmath and Umeer failed to take steps to get custody of 29 cattle, the same were ordered to be sold and the sale amount was to be deposited into the Government.
5. As far as the remaining 54 cattle are concerned, the learned Judicial Magistrate ordered that since accused Nos.4, 7, 9, 12, 15 and 16 were convicted, they are not entitled to return of cattle for the reason that if cattle are returned, there was a reasonable apprehension that the cattle again would
