CRL.RC.No.1626 of 2022

IN THE HIGHCOURT OF JUDICATURE AT MADRAS

Dated : 22.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

CRL.RC.No.1626 of 2022

P. Mariappan

.. Petitioner

Vs.

The Sub-Inspector of Police,

Pollachi Town East Police Station,

Coimbatore District.

.. Respondent

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

the Code of Criminal Procedure to call for the records relating to th order

dated 01.12.2022 in C.M.P.No.4608 of 2022 passed by the learned

Judicial Magistrate No.1, Pollachi, Coimbatore District and set aside the

same .

For Petitioner

: Mr.S. Anil Sandeep

For Respondent : Mr. V. Meganathan

Govt. Advocate (crl.side)

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,

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CRL.RC.No.1626 of 2022

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.

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CRL.RC.No.1626 of 2022

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

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CRL.RC.No.1626 of 2022

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 g