Under Rule 3 of the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017, seized animals pending litigation must be housed in recognized welfare organizations such as Gowshalas or infirmaries, and cannot be granted back to the owner as interim custody.

ORDER

1. This Criminal Petition is filed under Section 482 of The Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C) seeking to set-aside the docket order dated 11.07.2023 passed in Crl.M.P.No.54 of 2023 in Crime No.173 of 2023 (of Dharmapuri Police Station), on the file of the learned Judicial Magistrate of First Class at Dharmapuri, wherein, the interim custody of the cattle (20 Bulls) was granted to the petitioner/owner therein, who is respondent No.2 herein, without hearing the petitioner herein, who is a Gow Sevak representing Sri Krishna Gowshala.

2. Heard Sri G.L.Narasimha Rao, learned counsel for the petitioner as well as Sri Arun Kumar Doddla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioner submits that the petitioner herein is Gow Sevak of “Sri Krishna Gow Shala” and he was not served with any notice before passing the order by the Trial Court and that interim custody of the cattle ought not to have been granted to the petitioner therein though he claims to be the owner in view of Rule 3 of Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017. Hence, prayed to set-aside the orders passed by the Trial Court.

4. The learned Additional Public Prosecutor has submitted that the interim custody of the cattle should not be handed over to the owner even if he is not an accused, but it should be given to an infirmary, pinjrapole, SPCA, Animal Welfare Organization or Gowshala during pendency of litigation.

5. Perused the record. The petition vide Crl.M.P.No.54 of 2023 in Crime No.173 of 2023 (of Dharmapuri Police Station), on the file of the learned Judicial Magistrate of First Class at Dharmapuri, was allowed by the Trial Court granting interim custody of 20 Bulls to the petitioner therein on his executing a surety bond for Rs.5,00,000/- with one surety and also on condition that the petitioner therein shall produce 20 bulls as and when directed by the Trial Court and shall not sell the same till disposal of the case.

6. In this regard, it is pertinent to refer Rule 3 of Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017, which is extracted hereunder for the sake of reference.

“3. Custody of animals pending litigation:- When an animal has been seized under the provisions of the Act or the Rules made thereunder-

(a) The Authority seizing the animal shall ensure health inspection, identification and marking such animal, through the jurisdictional veterinary officer deployed at Government Veterinary Hospital of the area and marking may be done by ear tagging or by chipping or by any less irksome advance technology but marking by hot branding, cold branding and other injurious marking shall be prohibited.

(b) The Magistrate may direct the animal to be housed at an infirmary, pinjrapole, SPCA, Animal Welfare Organization or Gowshala during the pendency of litigation.”

7. Thus, in view of Rule 3 of Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017, the Trial Court is not supposed to grant interim custody of the case property i.e., cattle to the petitioner therein. Instead, it has to be kept as a security to the Goshala. Hence, the orders passed by the Trial Court are liable to be set-aside.

8. In view of the aforesaid discussion, the Criminal Petition is allowed setting aside the docket order dated 11.07.2023 passed in Crl.M.P.No.54 of 2023 in Crime No.173 of 2023 (of Dharmapuri Police Station), on the file of the learned Judicial Magistrate of First Cl