MOHAMMAD SHAFI Vs. STATE OF A P

JUDGEMENT

(1.) This revision petition isfiled by the accused in Crime No.3 of 2006.

(2.) The crime was registered for the offence punishable under Section 11 (a) of the Prevention of Cruelty to Animals Act, 1960 & Violation of Rules 47 (a) (b) (c), 48,49 (a), 50, 52 (a), 52, 54 (1) (2) (3), 56 (b) (c) (d) (f) of Cattle Transportation Act, 1978 and Section 10 of A.P.Prohibition of Cow Slaughter & Animal Prevention Act, 1977 and Sections 5 & 6 of the said Act. During the pendency of the above crime, the petitioner who is A-7 filed Crl.M.P.No.456 of 2006 before the Judicial Magistrate of First Class, Dharmavaram, under Section 457 Cr.P.C., for custody of 35 he buffallows involved in Crime No.3 of 2006.

(3.) According to the prosecution, A-7 is the owner of 35 he buffallows. He was transporting he buffallows from Hyderabad to Kerala without providing any food to the cattle and providing any space to sit and they are badly tied to the lorry without leaving any space to them to move freely. During the course of transport, on 08-01-2006 at 6.15 p.m., while the cattle were being transported, Bathalapalli police seized he-buffallows in two lorries under police proceedings and a crime was registered against the petitioner and others. It is reported that the seized cattle were kept with karuna Society, Puttaparthy, for the interim custody of the cattle. The petitioner filed the present revision contending that he has not committed any offence and he was taking the he-buffallows on road for agricultural purpose. When he and the she-buffallows are taking water from the canal, the respondents seized them. The petitioner is nowhere connected to the lorries in question. The livestock badly needs close observation. The petitioner being the owner of the he-buffallows, will look afterthe welfare of the cattle with great care and custody. If the he-buffallows are not released in favour of the petitioner, there are chances of the cattle dying and the petitioner will be put to great loss and requested to give the interim custody of the cattle.