(IN)VSPCA: court order in favor of the cows

[Guest guest]

Dear Indian activists (and for those elsewhere for their inspiration

peraps):   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. 

kind regards,

Weintraub

for www.vspca.org

 

 

Crl. M.P. No.773/2009 in

CC 859/2009

31.12.2009:

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 Pothinamallayyapalem 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,

inspite 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. 

 

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