ORDER

This Criminal Revision Case has been filed against the dismissal of the petition filed by the petitioner in Crl.MP.No.4608 of 2022, dated 01.12.2022 by the learned Judicial Magistrate No.1, Pollachi, Coimbatore District and set aside the same.

2. The learned counsel for the petitioner submitted that the petitioner is the owner of 49 buffaloes and he had purchased them from an Agricultural Market Committee, Chilakaluripet, Guntur District, Andhra Pradesh on 07.11.2022. He got receipt for purchase of the said buffaloes as well as valid certificate issued under Rule 96 of Transportation of Animals Rules 2001 Under Prevention of Cruelty to Animals Act, 1960. On 8.11.2022, when the cattles were transported in a Lorry bearing Registration No.TN 88 D5585, the transport Authorities as well as the respondent police intercepted the vehicle containing 49 buffaloes and arrested the driver of the vehicle. When they were enquired by the respondent police, he informed that the buffaloes are transported from Andhrapradesh to Kerala. Since the cattles are transported in violation of Prevention of Cruelty to Animals Act, 1960 without any medical certificate revealing physical condition of the cattles, the respondent police registered a case in Crime No.596 of 2022 under Section 11(1)(a) of Prevention of Cruelty to Animals Act, 1960.

3. He would further submit that the petitioner filed a petition in CMP.No.4608 of 2022 before the Judicial Magistrate No.1, Pollachi, Coimbatore District seeking interim custody of the 49 buffaloes, but the learned Magistrate dismissed the said petition on the ground that the petitioner has not filed any document to show that he is the owner of the 49 buffaloes. Infact, to prove the ownership of the buffaloes, the petitioner has produced the purchase receipt issued by Agricultural Market Committee, Chilakaluripet, Guntur and to prove the physical condition of the cattles, he has also produced the certificate issued under Rule 96 of Transportation of Animals Rules 2001 Under Prevention of Cruelty to Animals Act, 1960 issued by the Veterinary Assistant Surgeon, Veterinary Dispenses, Pasumarru, Chilakaluripet, Guntur, certifying that the requirements of appropriate rules relating to transport of animals and prevention of cruelty to animals have been duly complied with. However, the learned Magistrate, without considering the same in a proper perspective, refused to grant interim custody of the animals, hence, the impugned order passed by the learned Magistrate, rejecting interim custody of the animals is liable to be set aside

4. The learned Govt. Advocate (crl.side), on the other hand, supporting the impugned order, submitted that the trial court has rightly dismissed the petition seeking custody of buffaloes on the ground that the petitioner was not able to produce any document to prove the ownership of such buffaloes. Thus, he objected to grant interim custody of buffaloes to the petitioner.

5. Heard both sides and perused the materials available on record. 6. According to the prosecution case, the respondent police registered a case in Crime No.596 of 2022 under section 11(1)(a) of Prevention of Cruelty to Animals Act, 1960 against the petitioner as well as the driver of the vehicle bearing Registration No.TN 88 D5585. Further, the fact reveals that on 8.11.2022, at about 7 p.m., the Motor Vehicle Inspector, Pollachi, on his duty, stopped the abovesaid vehicle carryying 49 buffaloes near Kumar Way Bridge in Udumalai Road. On enquiry, the driver of the said vehicles viz., Pandya had informed that the buffaloes were transported from Andhapradesh to Kerala. Since they found that the animals are carried in the vehicles without providing adequate facilities for transporting in the vehicle and without furnishing proper medical certificate regarding physical conditions of the animals, they registered a case against the driver of the vehile and also seized the buffaloes and produced the same before the concerned jurisdic