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Friday, June 1, 2018

what happens when cattle cross border ~ execution, if it is Bulgaria Serbia border !!

Between countries, whether their relationship is hostile or friendly, there  are borders – and what happens when one crosses border ?  -  Execution !! 

"I'm not the best of diplomats," Boyko Borisov admits. The imposing Bulgarian prime minister, who famously went into politics after having served as the former king's bodyguard, nonetheless has to sometimes use his skills to steer his country's EU presidency. Meeting a group of journalists on Friday morning (18 May), in Sofia's Soviet-style Palace of Culture, Borisov said that the an EU-Western Balkans summit he hosted there the day before was "a success". On impending crisis of immigration, he thundered – no  asylum reform without stronger border.  A couple of years ago, its neighbouring Serbian Govt   approved the establishment of joint military and police teams deployed at the borders with Bulgaria and Macedonia to control the inflow of migrants.  The task was to   prevent the illegal entry of migrants coming from the Republic of Bulgaria and the Republic of Macedonia, as well as to bring to justice the human traffickers in the territory of the Republic of Serbia," the Serbian government's website claimed.  
Cows at Triplicane ~ illustrative photo

The Indian Contract Act, 1872 deals with the general rules relating to bailment.  Sec 148 defines - Bailment is the process of making delivery of an asset or other type of property. Generally, this type of transaction involves the owner of the assets choosing to temporarily place them in the control of another individual. The person who delivers the asset is usually known as the bailor, while the recipient of the assets is known as the bailee.

The process of bailment is not a casual situation where an individual is asked to function as a caretaker for a short period of time. Part of the procedure with bailment it that a legal relationship is established between the owner and recipient. While the owner retains full rights to the assets, the physical possession of the assets is granted to the recipient. Along with the physical possession of the property or assets, the bailee may also be granted certain powers of administration that are related to management of the assets.

Bailee’s duty is to take reasonable care of goods bailed.  Have read of a story of Tenali Rama where a person on a pilgrimage leaves his cow in custody to his neighbour.  While it is taken care by the neighbour, and owner was away, the cow delivers a calf.  The Q was whether the bailee should return the cow & calf or only return the cow ?  The Act would vouch that bailee has to return both the cow & calf.  This is no post on Bailment Act nor on Tenali Rama’s fables but the sorry fate of a cow that crossed the border.  MailOnline reports that a pregnant 'illegal immigrant' cow is to be executed after wandering over EU border between Bulgaria and Serbia.

Penka, a pregnant red cow, crossed into non-EU Serbia from her farm in Bulgaria; she   escaped her Bulgarian farm and wandered across the border out of the EU – but sadly is to be put down over safety fears. It is reported that Penka, a pregnant red cow who is due in around three months' time, wandered westwards away from her herd near the village of Kopilovtsi, straying over the border into non-EU Serbia. Two weeks later she was returned to her owner Ivan Haralampiev by a farmer over the frontier.

Strict Officers !!  ~   Bulgarian officials said the animal must be put down because of strict EU rules. Penka will now be executed because she didn't have the proper paperwork - despite being given a clean bill of health by Serbian vets. 'She had left the borders of the EU' and cannot be imported back into the European Union,'  her owner  told public BNT television  as he pleaded for his cow to be saved.  According to rules, a vet has to issue order before culling. 

The farmer  lamented how the cow was able to saunter over the border unchecked in the first place ?   Although Serbian vets have written a statement saying Penka was in a perfect condition and fit to return home, Bulgarian authorities said she should be put down without delay. Officials said it was not in their powers to save Penka from the EU regulations. 'It is not for us to decide. We are only implementing rules that come from Brussels,' vet expert is quoted as saying.  According to the European Comission's guidelines for transporting bovine animals across borders, cows like Penka are required to be presented at border checkpoints with documentation verifying they are healthy. 'The certification must accompany the animals en-route to the EU and when they are presented for entry into the EU at an approved EU Border Inspection Post.'   ~ but why and how the rules would apply to an animal which wandered and crossed the border defies logic !!

Strange are the ways of people !

With regards – S. Sampathkumar
31st May 2018.


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