Madras High Court refuses to give man custody of 36 cows after he was found transporting them in single lorry without food or water

The Madras High Court recently held a man was prima facie guilty of animal cruelty after he was found transporting 36 cows in a single lorry for allegedly slaughtering them [Krishnamoorthy vs Inspector of Police]..The Court, therefore, dismissed the man’s plea seeking interim custody of the cows. .Justice K Murali Shankar noted that the cows were transported in a single container lorry without water or food, suffered injuries and had green chillies placed in their eyes to keep them standing during the long journey..The petitioner had challenged an order of a magistrate court that dismissed his plea for interim custody of the cows which were rescued by the police based on a complaint alleging that they were being transported illegally.Through advocate T Veerakumar, the petitioner told the court that he was an agriculturist and was transporting the cattle to a village in Virudhunagar District owing to the drought situation in his own village. He requested that the cows be returned to him as his livelihood depended on them and even undertook never to sell or abandon them and to abide by all conditions set by the court.However, the police claimed that the man was not an agriculturist and was transporting the cows for slaughtering. Further, they told the Court that the petitioner had also violated the Transport of Animals Rules and expressed apprehension that if he given custody of the cows, he may once again commit the same offence.The original complainant stated that the cows, all below 10 years of age, had their legs tied up in a cruel manner. She informed the court that on inspection by a veterinarian doctor, it was found that they had suffered multiple injuries and that one of them was pregnant..Therefore, considering the submissions, the Court observed that the petitioner was prima facie guilty of cruelty to the animals and refused to grant him interim custody."In case if the petitioner is finally found to be not guilty, then the issue of custody of the cattles will be dealt with in accordance with the concerned Rules and Regulations, but the petitioner is definitely not entitled to interim custody of the cattles. Hence, this Court is also not inclined to order returning of the Cows to the petitioner at this point of time," it said..[Read Order]