B.P.ROUTRAY
Jiba Bikash Parisad – Appellant
Versus
State Of Odisha – Respondent
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 th
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