Supplementary affidavit filed by the petitioners is taken on record.

Heard learned counsel for the parties.

The petitioners seek quashing of proceeding in connection with Kharibari police station case no. 60 of 2025 dated 4th March, 2025 pending before the learned Additional Chief Judicial Magistrate, Siliguri, Darjeeling.

18 cattle belonging to the petitioners were being carried in a truck which was intercepted by the police on 4^th March, 2025. The 3^rd opposite party who is admittedly the owner of the truck authorized the petitioners to transport the cattle in his truck. He has not alleged theft of either the truck or the cattle.

The primary allegation against the petitioners is violation of Section 11 (1) (d) of the Prevention of Cruelty to Animals Act 1960 .

Section 11 (1) (d) of the Act deals that in conveyance or carriage of any animal in such a manner or position as to subject it to unnecessary pain or suffering.

It appears from the supplementary affidavit filed by the petitioners that the truck in which the cattle was being transported was about 32 ft. in length and 8ft in width. The said dimensions have not been opposed by the State. No material has transpired in course of evid