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IN THE HIGH COURT OF ORISSA, CUTTACK
B.P. Routray, J.
Jiba Bikash Parisad - Appellant
Versus
State Of Odisha & Anr. - Respondents
CRLMC No. 199 of 2021 and CRLMC Nos. 828, 215, 219, 220, 740 &780 of 2021
Decided On : 21-10-2021
PCA Act - Release of Seized Vehicles - Sections 379/411/294/353/332/506/34 of the I.P.C. and Section 11 of the Prevention of Cruelty to Animals Act, 1960 - Summary of Acts and Sections: The court discussed the provisions of the PCA Act and the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017, emphasizing Rule 5 which mandates the custody of seized vehicles involved in offences under the PCA Act as security pending trial. The court also highlighted the mandatory consideration of these provisions before deciding on the release of the vehicles.
Fact of the Case:
The vehicles were seized for illegally transporting cattle in a cruel condition, leading to the registration of a case under various sections of the I.P.C. and the PCA Act. The owners of the vehicles sought release under Sections 451 & 457 of the Cr.P.C. The revisional courts directed the release with certain conditions, which was challenged by a registered society working for the protection of animals.
Finding of the Court:
The court found that the revisional courts failed to consider the mandatory provisions of the PCA Act and the 2017 Rules before directing the release of the vehicles. It also noted discrepancies in the seized vehicles and the expenses incurred by the petitioner for the care of the rescued animals.
Issues: The main issue was the failure of the revisional courts to consider the mandatory provisions of the PCA Act and the 2017 Rules before directing the release of the seized vehicles.
Ratio Decidendi: The court held that the provisions of the PCA Act and the 2017 Rules, especially Rule 5, must be considered before deciding on the release of vehicles involved in offences under the PCA Act. It also emphasized the duty of the courts to ensure the welfare of animals and to prevent the defeat of welfare legislation.
Final Decision: The court set aside the orders of the revisional courts and allowed the applications.
The complete name of the judgment is not explicitly stated in the provided document. However, it is a decision of the High Court of Orissa, Cuttack, concerning the mandatory consideration of the provisions of the Prevention of Cruelty to Animals Act and the 2017 Rules prior to the release of vehicles involved in offences under the PCA Act. The judgment addresses CRLMC No. 199 of 2021 and related cases, and it emphasizes the importance of adhering to statutory provisions before directing the release of seized vehicles involved in animal cruelty offences (!) .
ORDER
1. All these cases are relating to release of seven vehicles seized in connection with Khandapada P.S. Case No.168 dated 26th June, 2020, registered for alleged commission of offences under Sections 379/411/294/353/332/506/34 of the I.P.C. and Section 11 of the Prevention of Cruelty to Animals Act, 1960 (hereinafter referred to 'the PCA Act').
2. The facts of the cases are that, the informant, who is a Sub- Inspector of Police, while performing his duties seized seven trucks/containers bearing Registration Nos. OD-04-0099, OR- 07L-1226, OR-09G-5453, OR-22D-5594, OR-09G-8735, OR-01K-5396 and WB-25F-5505 as were transporting 88 cattle (45 cows and 43 bullocks) illegally in closed containers in a cruel and wretched condition. Most of the cattle were bleeding at the feet being tied to the padlock and some of them have died. The informant seized all the seven vehicles along with cattle, arrested the drivers and helpers and lodged the F.I.R. leading to registration of Khandapada P.S.Case No.168 dated 26th June, 2020.
3. Pending trial of the cases, the respective owners of the vehicles prayed for release of their vehicles in terms of the provisions contained in Sections 451 & 457 of the Cr.P.C.
4. The prayer was rejected by the learned J.M.F.C., Khandapada. Against the same, the owners preferred respective revision applications. In all such revision applications, directions were issued to release the vehicles in favour of the respective owners subject to satisfaction of the conditions.
5. CRLMC No.199 of 2021 is preferred against the order dated 25th January, 2021 of the learned Sessions Judge, Nayagarh passed in Criminal Revision No.15 of 2020, wherein the truck bearing Registration No.OR-09G-8735 was directed to be released in favour of the concerned owner with condition inter alia that, the owner shall furnish cash security of Rs.50,000/- and property security/indemnity bond of Rs.5,00,000/-. In the said vehicle, seven cattle were allegedly transported.
CRLMC No.828 of 2021 is preferred against the order dated 25th January, 2021 of the learned Addl. Sessions Judge, Nayagarh passed in Criminal Revision No.05-16 of 2021- 2020, wherein the truck bearing Registration No.OR-01K-5396 was directed to be released in favour of the concerned owner with condition inter alia that, the owner shall furnish cash security of Rs.50,000/- and property security/indemnity bond of Rs.5,00,000/-. In the said vehicle, fifteen cattle were allegedly transported.
CRLMC No.215 of 2021 is preferred against the order dated 25th January, 2021 of the learned Sessions Judge, Nayagarh passed in Criminal Revision No.17 of 2020, wherein the truck bearing Registration No.OD-04-0099 was directed to be released in favour of the concerned owner with condition inter alia that, the owner shall furnish cash security of Rs.50,000/- and property security/indemnity bond of Rs.5,00,000/-. In the said vehicle, twelve cattle were allegedly transported.
CRLMC No.219 of 2021 is preferred against the order dated 25th January, 2021 of the learned Sessions Judge, Nayagarh passed in Criminal Revision No.19 of 2020, wherein the truck bearing Registration No.OR-09G-5453 was directed to be released in favour of the concerned owner with condition inter alia that, the owner shall furnish cash security of Rs.50,000/- and property security/indemnity bond of Rs.5,00,000/-. In the said vehicle, seven cattle were allegedly transported.
CRLMC No.220 of 2021 is preferred against the order dated 25th January, 2021 of the learned Sessions Judge, Nayagarh passed in Criminal Revision No.21 of 2020, wherein the truck bearing Registration No.OR-22D-5594 was directed to be released in favour of the concerned owner with condition inter alia that, the owner shall furnish cash security of Rs.50,000/- and property security/indemnity bond of Rs.5,00,000/-. In the said vehicle, nineteen cattle were allegedly transported.
CRLMC No.740 of 2021 is preferred against the order dated 25th January, 2021 of the learne
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