Crl.R.C.No.482 of 2023

IN THE HIGHCOURT OF JUDICATURE AT MADRAS

Dated : 15/3/2023

C O R A M

THE HONOURABLE Mr.JUSTICE V.SIVAGNANAM

Crl.R.C.No.482 of 2023

S. Munaf

...

Petitioner

Vs

State

rep. By The Inspector of Police

T 16 Nazarethpet Police Station

Tiruvallur District.

...

Respondent

Prayer: Criminal Revision Case filed under Section 401 r/w. 397 of the

Code of Criminal Procedure to set aside the order, dated 23/1/2022

passed in Crl.M.P.No.4014 of 2022 in Crime No.280 of 2022 on the file

of the Judicial Magistrate No.I, Poonamallee and direct to release 35 + 2

buffaloes.

For Petitioner

...

Mr.A.Thameem Mohideen

For Respondent ...

Mr.R.Vinoth Raja

Government Advocate

(Criminal Side)

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Crl.R.C.No.482 of 2023

O R D E R

This Criminal Revision Case has been filed to set aside the order,

dated 23/1/2022, passed in Crl.M.P.No.4014 of 2022 in Crime No.280 of

2022, on the file of the Judicial Magistrate No.I, Poonamallee and direct

to release 35 + 2 buffaloes.

2. Brief facts which are necessary for the disposal of this case

are as follows:-

The petitioner is the owner of 35 + 2 buffaloes, which were

purchased, on 6/10/2022 and transited from Nellore, Andhra Pradesh to

Pollachi, Tamil Nadu. The Tahsildar, Poonamallee, on 7/10/2022, during

the vehicle inspection, at Nazarethpet outer Ring road, at 12.15 a.m.,

seized 35 + 2 buffaloes along with the vehicle, bearing Registration

No.AP-03-TE-5212 (Ashok Leyland), alleging that buffaloes were

illegally transported, in violation of the Prevention of Cruelty to Animals

Act, 1960, without any document and permit and the same was handed

over to the respondent.

3. The respondent Police had registered a First Information

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Crl.R.C.No.482 of 2023

Report, in Crime No.280 of 2022, dated 7/10/2022, for the alleged

offences, under Section 11 (1) (d) of the Prevention of Cruelty to Animals

Act, 1960. After registration of F.I.R, the buffaloes were transported to

Goshala, a private barn, Trustee People for Animals, Ammambakkam

Seethanjeri, Uthukottai Taluk, Tiruvallur District, for interim custody.

4. The petitioner had filed Crl.M.P.No.4014 of 2022, in Crime

No.280 of 2022, on the file of the learned Judicial Magistrate No.I,

Poonamallee. Vide, order, dated 23/1/2023, the learned Judicial

Magistrate had dismissed the petition and declined to release the

buffaloes. Being aggrieved, the petitioner has come before this Court,

praying for the relief as stated supra.

5. Heard Mr.A.Thameem Mohideen, learned counsel for the

petitioner and Mr.R.Vinothraja, learned Government Advocate (Criminal

Side) for the respondent.

6. The learned counsel appearing for the petitioner submitted that

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Crl.R.C.No.482 of 2023

the petitioner is not an accused of any offence. Two accused were already

released on bail and the seized vehicle was also returned to the owner of

the vehicle.

7. The learned Government Advocate (Criminal Side) submitted

that the petitioner had purchased the buffaloes for a sum of Rs.5,50,000/-

and since the petitioner had transported the buffaloes, without following

safety measures, as prescribed under the Prevention of Cruelty to Animals

Act, 1960. Hence the respondent Police had registered a case in Crime

No.280 of 2022, for the offence punishable, under Section 11 (1) (d) of

the Prevention of Cruelty to Animals Act, 1960.

8. Perused the materials available on record.

9. It is not in dispute that the petitioner had transited 35 + 2

buffaloes from Nellore, Andhra Pradesh to Pollachi, Tamil Nadu. During

inspection, the Tahsildar, Poonamallee, had seized 35 + 2 buffaloes along

with the vehicle bearing Registration No.AP-03-TE-5212 (Ashok

Leyland), alleging that buffaloes were illegally transported in violation o