2018 (9) TMI 1796 - HC - Customs

Stay on further proceedings - stay on movement of Livestock - violation of the Prevention of Cruelty to Animals Act,1960 and Rules - Held that - It appears that the committee constituted by the District Magistrate has submitted a report on 07. 08.2018 (Annexure R2 to the affidavit in reply filed by the respondent Nos. 1 and 2), whereby it has been opined inter alia that the violation of Prevention of Cruelty to Animals Act might have occurred. It has been further stated that no animals shall be allowed to be exported unless the necessary documents are provided and required arrangement for welfare of these animals are done by the exporters. The later part of the direction given by the committee appears to be prima facie without any authority of law. Hence the implementation of the impugned communication dated 06. 08.2018 is stayed till the pendency of the present petition.

Summary

Issues:
Violation of Prevention of Cruelty to Animals Act, 1960 in livestock export.

Analysis:
The High Court of Gujarat, in the case, dealt with the issue of violation of the Prevention of Cruelty to Animals Act, 1960 in the context of livestock export. The District Magistrate had issued an order forming a committee to inspect and report on the suspected violation of the Act, directing the Deputy Chairman of the Deendayal Port Trust to halt livestock movement pending further decisions under the Act. The committee submitted a report opining that a violation might have occurred, recommending that no animals be exported without necessary documents and welfare arrangements by exporters. However, the latter part of the committee's direction seemed to lack legal authority, raising concerns.

The Court, after considering arguments from both parties, stayed the implementation of the communication dated 06.08.2018 until the petition's resolution. It directed the petitioner to adhere to all rules and regulations for future livestock exports, ensuring compliance with necessary certificates and permissions from relevant authorities. This decision aimed to balance the need to prevent animal cruelty with the petitioner's ability to export livestock lawfully, emphasizing the importance of following legal procedures and welfare standards in such activities.