Dear Indian activists (and for those elsewhere for their inspiration perhaps):
Please take note of the below court order in favor of the recent cow case
that Pradeep Nath President of the Visakha Society for the
Protection and Care of Animals (VSPCA) has gotten in light of the custody battle
for the sake of the cows and bulls that ensued for the past few months.
Indian activists may find reference to the proceedings and ruling below useful
in their own fight for the cows. These new rescued cattle are now safely in
VSPCA custody bringing our total to more than 650.
Crl. M.P. No.773/2009 in
Perused the petition. As per the directions of the Hon’ble High Court of
A.P., Hyderabad in Crl.R.P. No. 634/2009 dated 21.08.2009; this petition is
reopened for fresh disposal after hearing both parties.
This petition is filed by the petitioner under sec.457 of Cr. P. C. for return
of cows for interim custody pending trail. Petitioner in this petition contended
that he used to collect the cows from the farmers in and around the surrounding
villages and he has paying huge amounts for them. Due to the seizure of the said
cows the petitioner has been suffering a lot of mental agony to meet his daily
expenses and he undertakes that he will produce the said cows when ever this
Court directed him without fail.
On the other hand, the complainant filed his counter who is President of
Visakhapatnam Society for Prevention of Cruelty to Animals, stating that on
complaint the Station House Officer, of Pothinamallayyapale m Police Station,
the police officials have seized 60 cows from the possession of the accused
which are brought to the GVMC Debris dumping Yard Boravanipalem, by the accused
for slaughtering and were given possession for safe custody to the Society.
After possession of 68 cattle, 8 cattle were died due to disease which was
certified by the Government Veterinary Doctor and out of the 60 cows another 30
cows also died in different dates in confirmation of suffering with starvation,
dehydration exhaustive injuries, emaciation and the fatally contagious foot and
mouth disease, in spite of the treatment rendered by the Society under the
supervision of Veterinary doctors. They also filed the Certificates of the dead
cattle which were issued by the Veterinary doctor. Further contention of the
complainant in this case is that if the said cattle were handed over to the
petitioner, they may be slaughtered and it is highly difficult for the court to
secure those cattle and if the cattle are in their possession, they will take
care of the cattle under the supervision of Veterinary doctors by providing
food, shelter to the cows.
In this petition, the petitioner has not filed any document to show that he
has collected the said cows from the villages near by in order to transport the
same to the shandy. Further the petitioner has not given any guarantee that he
will supervise the cattle by providing sufficient food and shelter. So by
considering the facts and circumstances, of this petition, I hold that it is
right, just and necessary to keep the cattle with the complainant in order to
ensure the safety of the cows.
Further the complainant is a welfare organization to maintain large number of
cows of this type. So by perusal of these facts, I hold that this petition has
no merits and it is dismissed accordingly.