Gauhati High Court
Oberth Nong Neng vs The State Of Assam on 25 May, 2022
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/5
GAHC010063312022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./282/2022
OBERTH NONG NENG
S/O DWIN SHADAP
R/O UMRAN, P.S. NAILONG
DIST. RIBHOI, MEGHALAYA, PIN-783105.
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. A CHAUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
25.05.2022 Heard Mr. A. Chaudhury, learned counsel appearing for the accused petitioner as well as Mr. B.B. Gogoi, learned Addl. P.P., Assam appearing for the State respondent.
Page No.# 2/5 This petition under Section 482 read with Sections 397/401 Cr.P.C., has been filed for setting aside and quashing the impugned order, dated 23.03.2022 passed by the learned S.D.J.M., Gossaigaon in Petition No. 1035 arising out of Gossaigaon P.S. Case No. 62/2022 under Sections 379/411 of the IPC read with Sections 11(i)(a)(d)(e)(h) of the Prevention of Cruelty to Animal Act, 1960.
The petitioner's case, precisely, is that 06.02.2022, the informant, Manik Chandra Dey, A.S.I. of Simultapu O.P. lodged an FIR before the O/C, Gossaigaon P.S. stating, inter-alia, that on the night of 06.02.2022, during naka checking at No. 31C Highway, the informant was intimated by a police personnel over phone that 5 nos. of truck were stopped at a distance from the checking site and after passing of sufficient time, as the trucks did not come forward, he proceeded towards the trucks and saw buffaloes loaded in those trucks. Neither the drivers nor the helpers were found there and accordingly, G.D. entry was made. Thereafter, the informant and his staff went to the place of occurrence and found the trucks at a distance from the check post, which were coming from West Bengal side with Registration Nos. NL-01L/1818 carrying 22 nos. of buffaloes, BR-28 GA/4204 carrying 22 nos. of buffaloes, WB-59 B/8428 carrying 20 nos. of buffaloes, NL-01 AB/1327 carrying 19 nos. of buffaloes and AS-16 AC/2355 carrying 19 nos. of buffaloes. One buffalo was found dead. It was suspected that the buffaloes loaded in the trucks were stolen and were being transported illegally for sale in other state. Accordingly, the police seized the trucks along with the buffaloes and thereafter sent to S.D. Livestock & Shelter House, Srirampur for care and shelter.
Based on the above F.I.R., Gossaigaon P.S. Case No. 62/2022, dated 06.02.2022 under Sections 379/411 of the IPC read with Sections 11(i)(a)(d)(e) Page No.# 3/5
(h) of the Prevention of Cruelty to Animal Act, 1960 was registered. In course of investigation, the informant Police Officer seized 102 numbers of buffaloes along with 5 number of trucks. One buffalo was found dead.
The petitioner, who claimed to be the owner of the seized cattle (Buffaloes) filed petition supported by cash memos in testimony of purchase from Panjipara Hat Cattle Market, Panjipara, Dist West Dinazpur, West Bengal for zimma of the seized cattle in the Court of learned Sub-Divisional Judicial Magistrate, Gossaigaon ('S.D.J.M.' for short). However, by an order, dated 23.03.2022, the learned S.D.J.M. rejected the prayer for zimma of the seized buffaloes in spite of the report of the investigating officer to the effect that the seized vehicles and the buffaloes were not required for further investigation of the case holding the view that the cattle were subjected to cruelty with direction to the petitioner to execute a bond of sufficient amount to meet the cost of fodder, shelter and care of the cattle. Accordingly, the petitioner executed the bond.
The petitioner has stated that the 102 buffaloes were seized by the police on mere suspicion that the same were stolen and illegally transported without any evidence. The case diary shows that the investigating officer has seized the relevant purchase receipts. The contents of the order, dated 23.03.2022 passed by the learned S.D.J.M., Gossaigaon shows that the petitioner is the actual owner of the seized cattle.
The investigating officer has reported vide Report, dated 19.05.2022 that the seized cattle (buffaloes) are kept at Cattle Pound S.D. Livestock Centre & Shelter House, Damrapara and total 7 numbers of cattle died due to lack of proper medical care and food and the health condition of the others alive 96 numbers of cattle are also deteriorating day by day during the last three months Page No.# 4/5 period. The investigating officer has also reported that the cattle pound is in unhygienic condition and it is a small one. The Addl. Deputy Commissioner, I/C Gossaigaon Sub-Division by his report, dated 20.04.2022 addressed to the investigating officer, stated, inter-alia, that the owner of the pounds could not supply green fodder and concentrate ration as per requirement of the seized animals resulting in gradual deterioration of health of the cattle kept. The cattle shed is also reportedly not maintained hygienically and in some cases, the cattle died due to improper feeding and lack of hygiene.
A perusal of the case diary along with the report of the investigating officer indicates that there is no dispute with regard to the ownership of the seized cattle (buffaloes). Further, in view of the reports on the deteriorating health condition of the buffaloes and death of some of them in the meantime and also the threat to their lives due to confinement in unhygienic condition without sufficient fodder, concentrated ration etc., this Court is of the opinion that the petitioner, who is the prima facie owner of the seized cattle(buffaloes), may be given the zimma of the seized cattle(buffaloes) on executing bond commensurate with the value of the purchase receipts thereof.
Accordingly, it is provided that the learned S.D.J.M., Gossaigaon shall deliver the seized buffaloes in interim zimma to the petitioner under Section 451 Cr.P.C. on executing bond commensurate with the value of the purchase receipts against each buffalo subject to the further condition that the same shall be produced before the Court as and when directed as well as in the event of death of any such seized buffalo proper certificate in testimony of treatment/death from Government Veterinary Officer concerned be produced as in Paragraph No. 3 of the petition, which is supported by an affidavit, the Page No.# 5/5 petitioner has averred that those seized "buffaloes were legally purchased by the petitioner for agricultural purpose."
The investigating officer is directed to verify the permanent address of the petitioner and retain his statement under Section 161 Cr.P.C. along with his photograph on the case diary.
Accordingly, the impugned order, dated 23.03.2022 passed by the learned S.D.J.M., Gossaigaon in Petition No. 1035 arising out of Gossaigaon P.S. Case No. 62/2022 is hereby set aside and quashed.
Forward copy of this order to the learned S.D.J.M.(M), Gossaigaon; Sub- Divisional Officer (Civil), Gossaigaon; S.D.P.O., Gossaigaon and also the Officer- in-Charge, Gossaigaon P.S. With the above directions, the petition stands disposed of.
JUDGE Comparing Assistant