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Allegedly, inside the transporting vehicle, 16 camels (aged about 1.5 to 2 years) were found in very inhuman and brutal conditions having their mouths tied with ropes.
A local court in Varanasi district of Uttar Pradesh has ordered shifting of 16 camels, which were allegedly being trafficked to West Bengal for slaughtering, to People for Animals (PFA), Animal Rescue Care Shelter & Veterinary Hospital, in Sirohi, Rajasthan.
Court of Additional. Chief Judicial Magistrate Nitesh Kumar Sinha passed the order on a plea moved by one Ankur Sharma on behalf of Gau Gyan Foundation, a charitable organization. Arguments in the case were advanced by Advocate Saurabh Tiwari assisted by Advocate Ravi Kant Pathak.
Moreover, Court rejected the application of one Mustaq, the alleged owner of the seized camels, to release the camels in his favour. Mustaq had claimed that the police had wrongly seized the camels and they were not being transported for slaughter.
However, Court opined that the investigation is going on in the case and the allegation against Mustaq are of cruelty against animals for whom he could not present any ownership document. Therefore, Court found his plea liable to be rejected.
The Gau Gyan Foundation sought shifting of the animals to a favorable habitat in Rajasthan relying upon Rule 3 of the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals ) Rules which provides that "the Magistrate may direct the animal to be housed at an infirmary, Pinjrapole, SPCA, Animal welfare Organization on Gaushala during the pendency of the litigation."
Regarding this plea, Court opined that the camels were seized by Ramnagar Police and are being kept in the Ramnagar Police Station which is not a favorable zone for camels.
Accordingly, Court ordered the Station House Officer (SHO), Ramnagar Police Station to hand over all 16 camels to the representative of Gau Gyan Foundation for safe custody till the conclusion of the trial.
Further directing the Investigation Officer to help in the shifting of the camels, Court order him to prepare a detailed Panchnama mentioning the color, and appearance of the animals.
The District Magistrate, Varanasi has also been directed to make proper arrangements for the transportation.
A First Information Report was lodged by one Mrs. R. Lata Devi authorized representative of Gau Gyan Foundation on June 27 with Ram Nagar Police Station under Section 11 of “The Prevention Of Cruelty To Animals Act, 1960 and Section 279 of the Indian Penal Code, 1860.
As per Lata Devi, receiving the specific information on Monday, 27th June, about illegal trafficking & transportation of camels for slaughtering from Rajasthan to Calcutta via Varanasi-Chandauli highway (NH-2), she made every effort to stop the camels laden vehicle but instead of stopping the driver of the vehicle tried to run over her.
Subsequently, the police authorities were able to stop the vehicle in Bhitti area of Ram Nagar, Varanasi. Allegedly, inside the vehicle 16 camels (aged about 1.5 to 2 years) were found in very inhuman and brutal condition and their mouths were tied with ropes.
As per the application, the inhumane condition of the camels was sufficient to prove that camels were being transported for slaughter.
Case Title: Gau Gyan Foundation v. State of UP
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