Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR
Abbas Manthiri – Appellant
Versus
State, Represented by Station House Officer, Chengalpattu Taluk Police Station – Respondent
| Table of Content |
|---|
| 1. seizure and rescue of cattle transported in overcrowded and inhumane conditions violating statutes. (Para 1 , 2 , 16 , 17) |
| 2. petitioners' claim of lawful agricultural transport versus allegations of illegal slaughter intent. (Para 3 , 4 , 5) |
| 3. respondents' objection based on animal cruelty and illegal transport for slaughtering purposes. (Para 6 , 7 , 14) |
| 4. legal framework and judicial precedents supporting seizure, interim custody with shelters, and transport regulation compliance. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 5. court’s assessment of evidence, applicable regulations, and required welfare guidelines during animal transit. (Para 15 , 18) |
| 6. dismissal of petitions and reaffirmation of interim custody with shelters pending trial. (Para 19) |
ORDER :
M. NIRMAL KUMAR, J.
The Criminal Revision Cases filed praying to set aside the order dated 22.07.2024, passed in Crl.M.P.No.1137 of 2024 & Crl.M.P.No.1138 of 2024 respectively, passed by the learned Judicial Magistrate No.II, Chengalpattu, and the order dated 10.08.2024, passed by the learned Judicial Magistrate No.II, Madurantakam, consequently to direct the 1st respondent to release 22 Bulls and 2 Calves, 21 Bulls and 74
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....
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.
Section 35 of the Act provides that for proper care and treatment of animals in respect of which offences under this Act have been committed, such animal can be kept in pinjrapole with a direction th....
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....
Custody of animals under the PCA Act must prioritize their welfare, and ownership must be substantiated to prevent further cruelty; interim custody cannot be granted based on forged ownership documen....
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 ....
In all common law jurisdictions, judgments play a vital role in setting up precedents for the future. Therefore, for development of law, requirement of giving reasons for the decision is of the essen....
The discretion of the Magistrate in granting interim custody and the need for expeditious trial proceedings to avoid prolonged custody of seized animals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
