It is definitely in the fitness of things that Madras High Court which is one of the oldest and most reputed High Courts in India has in a most learned, laudable, landmark, logical and latest judgment titled Abbas Manthiri vs State in Crl.R.C.Nos.1421, 1461 & 1433 of 2024 and cited in 2025 LiveLaw (Mad) 46 that was reserved on 25.10.2024 and then finally pronounced on 31.01.2024 has issued guidelines to be followed during the transit from one place to another. It must be underscored that the Court was most explicit in laying down that the rules should be strictly followed to ensure the safety and well-being of the cattle during transportation. It merits singular attention that the Single Judge Bench comprising of Hon’ble Mr Justice M Nirmal Kumar was most forthright to observe clearly that transporting cattle was a careful process that required strict adherence to the Animal Welfare Regulations, proper vehicle equipment, and ensuring the cattle’s health and safety during the journey.
At the very outset, this remarkable, robust, rational and recent judgment authored by the Single Judge Bench comprising of Hon’ble Mr Justice M Nirmal Kumar of Madras High Court sets the ball in motion by first and foremost putting forth in para 1 that:
The Criminal Revision Cases filed praying to set aside the order dated 22.07.2024, passed in Crl.M.P.No.1137 of 2024 & Crl.M.P.No.1138 of 2024 respectively, passed by the learned Judicial Magistrate No.II, Chengalpattu, and the order dated 10.08.2024, passed by the learned Judicial Magistrate No.II, Madurantakam, consequently to direct the 1st respondent to release 22 Bulls and 2 Calves, 21 Bulls and 74 Bullock respectively in Crl.R.C.No.1421 of 2024, Crl.R.C.No.1433 of 2024 and Crl.R.C.No.1461 of 2024 and handover the same to the Petitioners.
Most significantly, before elaborating on anything else, it would be most fruitful to lay bare what is encapsulated in para 18 what constitutes the cornerstone of this notable judgment postulating that:
There are several rules and practices that must be followed to ensure the safety and well-being during the transit of Cattle. Transporting cattle is a careful process that requires strict adherence to Animal Welfare Regulations, proper vehicle equipment, and ensuring the Cattle’s health and safety during the journey.
The following guidelines to be strictly followed while transporting the Cattle from one place to another place/District/State:
- The Transporters of Cattle to ensure adequate space to stand, lie down, and turn around.
- Safety must be ensured while loading and unloading of cattle, in order to prevent injury and stress. The ramps and loading docks should be designed to prevent cattle from slipping or falling.
- During transit of cattle, they must be provided ventilation and to ensure warm temperatures in the container/vehicle.
- In case of long transit of cattle through vehicle, food and water should be provided in the interregnum period of pick-up and drop points.
- Before transporting the cattle, it has to be checked whether the cattle health conditions are fit to transport from one place to another.
- During transportation, the cattle has to be monitored whether it has any signs of distress, injury, or illness and if found, the cattle should be removed immediately from the vehicle and should be treated.
- The transport vehicles should be cleaned before transportation of cattle, to avoid spread of disease.
- Proper documents from the respective officers should be obtained by the purchasers/transporter while transit of cattle.
- In case of long journey, a certificate from the veterinary doctors should be obtained specifying how long and how far the cattle can be transported.
- After arriving at the destination, cattle should be monitored for signs of any injury, if any, must be taken care of.
To put things in perspective, the Bench envisages in para 2 while elaborating on facts of the case that:
Facts, which are germane for disposal of the Revisions can be summarised as follows:- On the complaint of the 2nd Respondent/defaco complainant, who are the Trust Member of Almighty Animal Care Trust, and State President of Gau Raksha Dal respectively Crl.R.C.Nos.1421 & 1433 of 2024 and Crl.R.C.No.1461 of 2024 gave complaints before the 1st Respondent Police that the Petitioners illegally transporting Cattle in Container Lorries, bearing Registration Nos.TN-60-AV-4227 and TN-60- Q-3265 and TN-51-AG-7777. When the Container Lorries intercepted by the Police, they found in the Container Lorry, bearing Registration No.TN-60-AV-4227 with 22 Cattle & 2 Calves and in the other Lorry bearing Registration No.TN-60-Q-3265 having 21 Cattle and in other Lorry bearing Registration No.TN-51-AG-7777, having 74 Cattle in a cruel manner. The animals were rescued. On enquiry, it was informed by the drivers of the lorries that the Cattle were taken to Kerala for slaughter.
Since the Cattle in all the lorries transported to Kerala in inhumane conditions, for the meat illegally, tightly cramped, without food and water, and the Cattle are below 10 years in age, the case in Crime No.192/2004 and Crime No.216/2024 registered respectively for the offence U/s. 429 of IPC., r/w Sections 11(1)(a), 11(1)(d) & 4 of Prevention of Cruelty to Animals Act, 1960, and Section 325 BNS Act r/w Section 11(1)(a), 11(1)(b), 11(1)(d), 11(1)(e) of Prevention of Cruelty to Animals Act, 1960, against the owners of the Container Lorries and others. The Container Lorries and Cattle were seized by the Police. Upon seizure of the Cattle, they were sent to Sri Gokulakrishna Kosala, Tiruvallur District, a private barn, and Mona’s Heaven for Domestic Animals Trust under an interim detention of the bulls by the 1st Respondent Police.
It is worth noting that the Bench notes in para 16 that:
It is not in dispute that on the complaint of the 2nd Respondent/defacto complainant, who are the Trust Member of Almighty Animal Care Trust, and State President of Gau Raksha Dal respectively Crl.R.C.Nos.1421 & 1433 of 2024 and Crl.R.C.No.1461 of 2024, the 1st Respondent Police, intercepted the Container Lorry, bearing Registration No.TN-60-AV-4227 found with 22 Cattle & 2 Calves and in the other Lorry bearing Registration No.TN-60-Q-3265 having 21 Cattle and in another Lorry bearing Registration No.TN-51-AG-7777, having 74 Cattle in a cruel manner were transported. The animals were rescued.
On enquiry, it was informed by the drivers of the lorries that the Cattle were taken to Kerala for butchering. Since the Cattle in all the lorries transported to Kerala in inhumane conditions, for the meat illegally, tightly cramped, without food and water, and the Cattle are below 10 years in age, the case in Crime No.192/2004 and Crime No.216/2024 registered respectively for the offence U/s. 429 of IPC., r/w Sections 11(1)(a), 11(1)(d) & 4 of Prevention of Cruelty to Animals Act, 1960, and Section 325 BNS Act r/w Section 11(1)(a), 11(1)(b), 11(1)(d), 11(1)(e) of Prevention of Cruelty to Animals Act, 1960, against the owners of the Container Lorries and others. The Container Lorries and Cattle were seized by the Police. Upon confiscation of the Cattle, they were sent to Sri Gokulakrishna Kosala, and Mona’s Heaven for Domestic Animals Trust under an interim detention of the Cattle by the 1st Respondent Police.
The Petitioners filed Criminal Miscellaneous Petitions in Crl.M.P.No.1137/2024 and Crl.M.P.No.1138/2024, and C.M.P.No.596/2024, before the learned Judicial Magistrate II, Chengalpattu, for return of Cattle, as interim custody. The Learned Judicial Magistrate, declined to give the interim custody of the cattle to the Petitioners on the ground that the Petitioners violated the provisions of Prevention of Cruelty to Animals Act, 1960 and that inhumane treatment meted out to the Cattle, by transporting the Cattle in Container Lorries, in a jam packed manner, which is especially alleged to have transported for butchery, which is prohibited, has dismissed petitions. Against which, the Petitioners are before this Court with these Revisions.
It would be instructive to note that Bench notes in para 17 that:
No doubt, in the case on hand, large number of Cattle transported by the petitioners in an inhumane manner and transporting in the Container Lorries. It is seen from the records that in one Container Lorry, 22 Bulls and 2 Calves, in another Container Lorry, 21 Bulls and other Lorry, 74 Bullock transported from Andhrapradesh to Kerala, without providing basic facilities like feeding, water, sufficient place to the Cattle even to stand. Initial inquiry and the report from the Veterinary Doctor revealed that the Cattle were transported from Andhra Pradesh to Kerala in unhygienic conditions, with chilli flakes sprinkled and chillies placed in the eyes of Cattle to keep them awake and the Cattle are below 10 years in age, thus, there is a clear violation of Prevention of Cruelty to Animals Act and Transport of Animal Rules, 1978. As per Rules 47 to 56 of the Transport of Animal Rules, 1978 specifies that no goods vehicle should carry more than six cattle and there should be a valid certificate by a qualified Veterinary Surgeon that the animals are fit to travel and each consignment should bear a label showing the name and address of the consignor and the consignee. Absolutely, nothing has been followed in this case and the trial Courts are right in dismissing the petitions filed by the Petitioners, which needs no interference. The present arrangement of maintaining the Cattle in the respective Khosala and to be continued till the trial is completed and final orders passed entrusting custody of Cattle.
As a corollary, the Bench then holds in para 19 that:
In view of the forgoing reasons, the Civil Revision Petitions are dismissed.
Finally, the Bench then draws the curtains of this pragmatic judgment by stating in para 20 that:
This Court places its appreciation to the young Advocate Ms. Madhumitha, for her meticulous preparation and strenuous submission.
All told, it merits just no reiteration that what all the Madras High Court has laid down in this most commendable judgment for transporting cattles needs to be followed in letter and spirit. Of course, this will go a long way in ensuring the safety and well being of cattles. No denying!
Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut - 250001, Uttar Pradesh
