VIKRAM Vs. Y. FOGULLAH SHARIFF AND ORS.

JUDGEMENT

(1.) THE petitioner has filed the above Criminal Revision Petition challenging the order dated 05.9.2013 passed by the Court below ordering to return 20 buffaloes to the first respondent.

(2.) REVISION petitioner herein is Goshala. The first respondent herein is the owner of the cattle. According to the first respondent, his cattle were seized by the second respondent police for the offence under Section 11(1)(A) of Tamil Nadu Prevention of Cruelty to Animals Act, 1960 read with 428 IPC. The first respondent filed Crl. MP. No. 5501 of 2013 praying for return of cattle for safe custody till the disposal of the case and the same has been dismissed by the learned Judicial Magistrate, Thiruvottiyur, by order dated 05.09.2013. Against which, the first respondent filed Revision in C.R.P. No. 8 of 2013 before the learned Principal Sessions Judge, Tiruvallur. The learned Principal Sessions Judge, Thiruvallur, by order dated 08.11.2013, allowed the revision filed by the first respondent by ordering return of cattle to him. Aggrieved over the same, the intervenor has filed the present revision.

(3.) THE learned counsel for the revision petitioner/intervenor submitted that transportation of more than 6 cattle in one lorry itself is an offence. But the learned Principal Sessions Judge, Thiruvallur, without following the same, has ordered return of cattle to the first respondent, which is in violation of the proposition laid down by this Court in Naseerulah vs. State by the Sub -Inspector of Police, Coonoor ( : CDJ 2013 MHC 1960).