Courtesy: FIAPO: Court order in Hyderabad in favor of the recent cow case of VSPCA

Courtesy: FIAPO

Dear activists: Please take not of the below court order (and attached with signature) in favor of the recent cow case that Pradeep Nath 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. 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 for life bringing our total to more than 650.
kind regards,
Eileen 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.