शुक्रवार, 26 अप्रैल 2013

Illegal Cow and Cattle transportation from Malvale-Mutanga (Karnataka-Kerala) & other Gundlupet Borders -A Report for immediate consideration and action

Sale, Purchase & Transportation of Cattle is restricted in whole country and particularly in State of Karnataka  Certainly in violation of State & Union Acts & Rules. Cattle is a included in Schedule A of Karnataka Agro Produce Marketing Act and only Registered Dealers can transect and to pay a Fee on each transaction and on each Cattle.They have to submit the details of Purchase and Sale and purpose. APMC Check posts are in existence in whole State
Transport of Cattle in a vehicle is restricted by Indian motor Vehicle Act & Karnataka Motor Vehicle Rules and also provisions of Prevention of Cruelty to Animal Act   
Apart from number of stipulation and instructions a Cattle has to be provided with 2 Sq. Mtr space in carrying vehicle apart from stringent Rules. Normally, a 6 Wheeler Truck plate form size is 6 feet X 14 feet i.e 1.8 Mtr X 4.25 Mtr and it restricts Cattle number to not more than 4.
We can see RTO Inspectors and their Check posts at all borders and at many places.
All Inter State borders and particularly to Kerala crosses thick Forest and Forest Hand posts where even Regional Forest Officers are posted to observe Forest Act and Wild Life Protection Act, 1972. No vehicle can be allowed carrying any item including animal, Dung, Urine, Carcass etc which will adversely effect Ecology, Forest and Wild lives.
Animal Husbandry & Vet. Services officials are named as Competent Authority in Karnataka Prevention of Cow slaughter & Preservation of Cattle Act, 1964 and shall work for Cow Safety BUT found issuing Health Certificates to Vehicles in violation of all above Act & Rules
Police presence can be felt at all places BUT not in the cases of illegal Cattle transportation and registering of Suo Motto Cases in IPC 429, IPC 295, Karnataka Motor Vehicle Rules Section 92, Prevention of Cruelty to Animal Act, 1960 Section 11 etc. Code 43 of CRPC provides shelter to all and also allow to work as PUBLIC SERVANT.
A real latest example will explain all above which undersigned witnessed, as under:
  On 13th April,2013, As Member to Karnataka State Goseva Ayog, I was called by some persons that their institution Gau gyan Foundation  is working for Cattle safety and they were reporting the matter to Gudlupet police about rampant illegal Cattle transportation and as no action was taken even after there lodging FIR 99/2013 on 2nd March,2013 SO they again visited Madur-Malvale Check post (entry point to Wynad District of Kerala) on 13th April morning and stopped 4 Trucks carrying 25-27 Cattle each.
These Trucks were stopped with the help of Forest persons at Malvale and with great hope of their help and support BUT to their surprise, Truck Drivers and persons, may be 14-15 in number, came out and attacked. Animal Activists were injured BUT RFO watching incident did not come out. 3 out of 4 Trucks whisked away back to Gundulpet side.   
Some persons - may be kingpin- came from Gundulpet in a vehicle and followed Activists even to Police Station. 
The Activists brought the matter to the Notice of Gundulpet Police Station where FIR No.159/2013 was booked 
I was called and informed about incident at around 2 PM when Police was compelling them to take back the complaint against culprits etc. I spoke to Superintendent of police Chamarajanagar Mr. Rajinderprasad to intervene and book the complaint and also to provide security to Animal Activists and book the accused.
When I spoke to Duty officer Mr. Naik SI G.Pet PS, he informed that some Mr. Innayat is showing animal Health Certificate issued by Asst. director AH&VS G.Pet as authorization. It was a shock and I told him that Certificate is illegal and in contravention of Act & Rule.
He also told that huge number of persons are assembled outside PS and will not allow complainants to go out unless they modify the complaint. I feel, after my intervention, counter complaint number 160/2013 &161/2013 were booked against Animal activists and they were allowed to go out.
  On 16.4 I fixed the meeting with Dy. commissioner Ms. MV Savitri IAS and visited DC office. She was out of office with election observers BUT arranged a meeting with DY. Director Animal Husbandry & Vet. Services Dr. Sunder Raj. I explained and inquired about issuance of Animal Health Certificates. He pleaded ignorant than I asked him to company me or provide some senior officer so that we can inquire in depth. Asst. Director HQ Dr. Prasanna Kumar was directed to company me. I was told that these Certificates are issued in Duplicate and original is to be given to Kerala RP Check post and we can find Certificates and Records at Mutanga RP Check post. police Escort was obtained and Matunga RP Check post was visited and after deliberate resistance and intervention of Wynad Dist. Animal husbandry Officer-Jt.Director Dr. Harsh Kumar, we were allowed to go through records and to take photos of few. 

The visit was astonishing and reveled that:
  1. Regular uninterrupted Cattle transportation is in progress.
  2. Every day 15-20 Trucks carrying 20-25-30 cow and Cattle are officially crossing Maddur-Malvale Check posts
  3. Animal Health Certificates issued by Gundulpet Asst. director AH&VS Dr. Natraj were mainly seen.
  4. Presence of Check posts of RTO,commercial Tax, Forest and Police were seen
  5. Another route from Gundulpet- Bandipur-Gudlur is reported more live in illegal cattle transportation and also Mysore-HD Kote-Bavli-Manandvadi Route in this belt.
  6. Public report says that Cattle Godowns are in existence in Gundulpet and some are behind Madina Ground. Cattle are loaded as per availability of connived Forest, Police and other officials.
7.      Public report is that huge bribe is distributed to concerned officials for uninterrupted transportation.
·         If we fairly estimate at least 15 Trucks Crossing Malvale - Muthanga Route   carrying 20 cattle or say 500 Trucks/month with 10,000 Cattle-herds/ month. 
·        Same quantity is estimated going from Bandipore-Gudlur route.      
·        Above number of App. 2,40,000 increases when we add Cattle transportation on Foot and also vehicular transportation from other Forest routes and Fair estimate stands at 5,00,000  Cattle are illegally sent to Slaughter to Kerala slaughterhouses every year.
·        5,00,000 Cattle/year fetches a profit of not less than RS.5 Billion/year to illegal transporters without any levy, Income Tax or any other revenue and in turn involves in anti national activities, 
·        This fact i.e number of Cattle can be partly ascertained by visiting Kerala RP Check posts or by requesting DAHO office of Kerala border Districts.  

Further in spite of warning to asst. director AH&VS Dr. Natraj by Dy. Director AH&VS still illegal Certificates are reported in issuance and In spite of directions by IGP (Southern Range) Dr. Ramachandrarao IPS, no arrest is effected in FIR 99/2013 & 159/2013 PS Gundulpet. 

I have brought the matter to the notice of  Ms. MV Savitiri IAS Dy. commissioner Chamarajanagar for action and convening of meeting of Police, AH&VS, RTO, Forest & APMC officials 

The matter was brought to the notice of Mr. Kanthraju IFS Conservator of Forest Bandipore for necessary action   

I again request all concerned law abiding noble officials and attract their immediate attention to seriously look into the matter and stop illegal activities and report the action and achievement to Karnataka State Goseva Ayog.
With regards
Dr.SK Mittal B.Com(Hons) LLM, Ph.D
Member-Karnataka State Goseva Ayog 
Phone:0821 4255242(Res)  4282005(Off) 4264005 (Fax)
Sree Kunj, 19/1, 3rd bl ock, 5th Main, JL Puram, Mysore 570012


Crime chart 

Illegal purchase, sale transfer of cattle

Violation of State Agro Produce Marketing (Control ) acts / Mandi Act
State prevention of cow slaughter and cattle preservation acts
Prevention pf cruelty to animal act , 1960 & Rules
IPC 153-A
State Municipalities Acts 
Illegal transportation of cattle on rail and motor vehicle State motor vehicle rules
Motor vehicle act, 1968
State prevention of cow slaughter and preservation of cattle act.
State agro produce marketing( control)act
prevention of cruelty to animal act, 1960
IPC 429 and IPC 153-A
Transport of cattle rules, 1978
State Forest act 
Indian Wild life Protection Act, 1972Illegal transportation of cattle on foot
Illegal transportation of cattle on foot Rules (PCA Act) 2002
State prevention of cow slaughter & Cattle preservation Act.
Karnataka agro produce marketing control act
Prevention of cruelty to animal act . 1960
IPC429 and IPC 153-A
P.C.A( transport of cattle on foot)Rules, 2001 State Forest Acts
Indian Wild life Protection Act, 1972

Illegal slaughter of cattle
 prevention of cow slaughter and cattle preservation acts
Prevention of cruelty to animal act, 1960
IPC . 429
IPC .153-A
State Municipalities Acts
PCA (slaughter house) rules. 2001

Illegal Sacrifice/ Bali/ Kurbani of Cattle

IPC 429
IPC 153
State prevention of cow slaughter and cattle preservation acts
Prevention pf cruelty to animal act , 1960 & Rules
State Prevention of Animal Sacrifice Acts
Conviction ,
imprisonment, and seizure of cattle, seizure of vehicle ,
cancellation of permits,
cancellation of driving licence,
closer of premises,
loss of respect ,
disturbance of communal harmony ,
curse of speechless animal ,
and financial losses
code 43 C.R.P.C. provides shelter to intervening persons 
43. Arrest by private person and procedure on such arrest.
(1) Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.
(2) If there is reason to believe that such person comes under the provisions of section 41, a police officer shall re-arrest him.
(3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released

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