)Case title: Akram Bhai Shaukat Bhai Posti v. State of Gujarat
The Gujarat High Court held that the animals are like human beings, they have the capacity to understand the physical and mental pain imposed on them. They do feel severe physical harm when they are tortured and subjected to cruelty. The bench denied bail to an accused and also observed that the Prevention of Animal cruelty Act punishes the persons involved in imposing cruelty to animals.
In the present case, the complainant seized a truck which had contained parts of animals tied in ropes for slaughtering purposes. There was no provision for water or grass. During the investigation, it was found that the accused was driving the said truck. The officer arrested the accused by transfer warrant.
The accused had already been involved in some other case. He was charged under the following sections:
1. Sections 11(1) (d), 11(1) (e), 11(1) (f) and 11(1) (h) of the Prevention of Animal Cruelty Act
2. Section 6A (4), 6(1) (3) and 8 (2) of the Animal Preservation Act.The court observed that there was prima facie involvement by the accused in the case. The accused was a habitual offender in these types of cases and he was trying to abscond from the alleged incident. After considering the gravity of offences, the Court denied to grant bail and the application was dismissed.
