THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.870 of 2011 ORDER: Petitioner approaches this Court with a prayer to set aside the orders passed in Crl.M.P.No.32 of 2011 in Crime No.6 of 2011 of Rajanagaram Police Station, East Godavari District, by the learned VI Additional Judicial Magistrate of First Class, where under the learned Magistrate dismissed the application filed by 3rd party claiming ownership of 32 buffaloes. Learned counsel for the petitioner-3rd party submitted that the petitioner is the owner of 32 buffaloes, which are transported in lorry bearing No.TN 37AW 6351 and he purchased the above buffaloes in Market Yard, Parvathipuram, vide valid receipt and the cost of live stock is Rs.1.00 lakh. He further submitted that the petitioner purchased the said livestock only for agricultural purpose and while transporting the same, the police registered a case and seized the live stock. Then he approached the trial Court by moving an application under Sections 451 and 457 Cr.P.C. for interim custody of livestock and the same was dismissed in Crl.M.P.No.32 of 2011 on 21.01.2011. Questioning the said order, he filed the present petition. Vide impugned order the learned Magistrate observed that custody can not be given to a person, who is convicted under Cruelty of Animals Act, 1960. This Court perused the records and heard the learned counsel for the petitioner and the learned counsel for the respondents and the learned Additional Public Prosecutor. Considering the facts and circumstances of the case, this Court is of the view that if there is a conviction, there is no question of confiscation of livestock. Hence, this Court is inclined to return the same subject to the condition of petitioner’s depositing a sum of Rs.7,000/-(Rupees seven thousand only) for each buffaloe, which comes to Rs.2,24,000/- by way of cash, to the satisfaction of the learned VI Additional Judicial Magistrate of First Class, Rajahmundry, and the petitioner shall also give an undertaking that he shall not take the cattle to any slaughter house. With the above observation, the Criminal Petition is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ________________ RAJA ELANGO, J. 9th February 2011, Rns.