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 lawful purpose.

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 1^st respondent to release 22 Bulls and 2 Calves, 21 Bulls and 74 buffaloes respectively in Crl.R.C.No.1421 of 2024, Crl.R.C.No.1433 of 2024 and Crl.R.C.No.1461 of 2024 and handover the same to the Petitioners.

2. Facts, which are germane for disposal of the Revisions can be summarised as follows:-

On the complaint of the 2^nd Respondent/defaco complainant, who are the Trust Member of “Almighty Animal Care Trust”, and State President of “Gau Raksha Dal” respectively Crl.R.C.Nos.1421 & 1433 of 2024 and Crl.R.C.No.1461 of 2024 gave complaints before the 1^st Respondent Police that the Petitioners illegally transporting Cattle in Container Lorries, bearing Registration Nos.TN-60-AV-4227 and TN-60- Q-3265 and TN-51-AG-7777. When the Container Lorries intercepted by the Police, they found in the Container Lorry, bearing Registration No.TN-60-AV-4227 with 22 Cattle & 2 Calves and in the other Lorry bearing Registration No.TN-60-Q-3265 having 21 Cattle and in other Lorry bearing Registration No.TN-51-AG-7777, having 74 Cattle in a cruel manner. The animals were rescued. On enquiry, it was informed by the drivers of the lorries that the Cattle were taken to Kerala for slaughter. Since the Cattle in all the lorries transported to Kerala in inhumane conditions, for the meat illegally, tightly cramped, without food and water, and the Cattle are below 10 years in age, the case in Crime No.192/2004 and Crime No.216/2024 registered respectively for the offence U/s. 429 of IPC., r/w Sections 11(1)(a), 11(1)(d) & 4 of Prevention of Cruelty to Animals Act, 1960, and Section 325 BNS Act r/w Section 11(1)(a), 11(1)(b), 11(1)(d), 11(1)(e) of Prevention of Cruelty to Animals Act, 1960, against the owners of the Container Lorries and others. The Container Lorries and Cattle were seized by the Police. Upon seizure of the Cattle, they were sent to “Sri Gokulakrishna Kosala”, Tiruvallur District, a private barn, and “Mona's Heaven for Domestic Animals Trust” under an interim detention of the buffaloes by the 1^st Respondent Police.

3. Mr.R.John Sathiyan, the learned Senior Counsel appearing for the Petitioners would submit that the Petitioners are the owners of 22 Cattle & 2 Calves, 21 Cattle and 74 Cattle respectively seized by the 1^st respondent in Crime No.192/2024 and Crime No.216/2024, which were purchased for agricultural activities and for breeding purposes and transported from Andhra Pradesh to Theni Cumbum and Pollachi through the Container Lorries, with valid certificates. On the complaint of the defaco complainant, the 1^st Respondent Police seized the Lorries, including the Cattle and and sent the same to “Sri Gokulakrishna Kosala” and “Mona's Heaven for Domestic Animals Trust”. The petitioners purchased the Cattle in Nellore, Andhra Pradesh, by paying necessary Cess to Agriculture Market Committee Saluchinthala, at Nellore, Andhra P