ABDUL LAHIEF AND ECT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The learned High Court Government Pleader takes notice of the petition. Though the matter is listed for admission, with the consent of the counsel for the petitioners and the learned High Court Government Pleader, the matter is taken up for final disposal.

(2.) The petitioners have challenged the order rejecting their application for interim custody of 17 He-buffaloes seized by Ullal Police for contravention of the provisions of Rules 2, 5 and 6 of the Transport of Animal Rules, 1978, Prevention of Cruelty to Animals Act, 1966 and Rule 74 of the Karnataka Motor Vehicles Rules read with Section 177 of the Indian Motor Vehicles Act.

(3.) The facts relevant for the purpose of these revisions are as under : It is on 6-12-2008 in the morning at about 4.30 a.m. when the CPI Mangalore Rural was on patrolling duty near Naganakatte Village found that the petitioners were transporting 17 He-buffaloes in a lorry bearing Registration No, KA-19 B-7959 and for the commission of the above said offences, the lorry and the He-buffaloes were seized. One Mohammed Mustafa applied for the release of the lorry and vide order dated 23-12-2008, the interim custody of the vehicle was entrusted to him. So also, the petitioners filed application under Sections 451 and 457 Cr. P. C. stating that they have purchased the 17 He-buffaloes from Hassan Market for the purpose of doing agricultural operations in Kerala and that they were transporting the same in the lorry on the date of the incident. After the seizure of the He-buffaloes, a requisition was sent and after the finding of the application for interim custody, the Asst. Public Prosecutor filed his objections contending that there is no purchase of the He- buffaloes and that the petitioners have not produced any receipts regarding the purchase and also submitted that the he buffaloes are necessary during the trial for identification. The Trial Court after hearing the counsel for the petitioners and the Asst. Public Prosecutor has passed the interim order rejecting the application and aggrieved by the same, this revision has been preferred.