UP ‘Cow Slaughter’ Act | Vehicle Transporting Cow, Its Progeny Within UP Can’t Be Seized Or Confiscated: Allahabad High Court
The Allahabad High Court has observed that a vehicle used for the transportation of cows and their progeny within the state (and not outside the state) is not any offence under the UP Prevention of Cow Slaughter Act, 1955 and hence, such a vehicle cannot be seized or confiscated by the authorities. The bench of Justice Karunesh Singh Pawar further held that when cows and their...
The Allahabad High Court has observed that a vehicle used for the transportation of cows and their progeny within the state (and not outside the state) is not any offence under the UP Prevention of Cow Slaughter Act, 1955 and hence, such a vehicle cannot be seized or confiscated by the authorities.
The bench of Justice Karunesh Singh Pawar further held that when cows and their progenies are being transported within the State of UP, no show-cause notice under section 5-A of the Act could be issued by the District Magistrate.
For context, Section 5-A of the Cow Slaughter Act, which regulates the transport of the cow, provides that when the cow or its progeny is transported from within the State to any other place outside the State, a permit has to be obtained from the authorised officer.
With this, the court set aside a show cause notice issued by District Magistrate, Hardoi and the confiscation order issued to the owner of a vehicle on the allegations that the same was carrying animals for the purpose of cow slaughtering without valid permission.
The case in brief
An FIR was lodged under sections 3, 5 and 8 of the UP-Cow Slaughter Act in November 2022 against seven persons on the allegations that they were carrying cow and its progeny in a vehicle.
The vehicle was seized and thereafter, proceedings under section 5-A (7) of the Cow Slaughter Act against the petitioner were initiated and a show cause notice calling for the reply was served on the petitioner.
The petitioner submitted his reply denying the allegation that the vehicle in question had not been used for the transportation of the cows and its progeny and that no beef had been recovered from the vehicle.
Finally, in March this year, the District Magistrate passed an order in the exercise of powers under Section 5-A(7) confiscating the vehicle in favour of the State Government claiming that the vehicle was involved in the inter-State transportation of cows and its progeny.
The order was upheld by the appellate court. Against this, the petitioner moved the High Court seeking various reliefs.
Court's observations
At the outset, perusing Section 5-A(1) of the Cow Slaughter Act, the Court observed that there was nothing on record to show that the alleged recovered animals, i.e. the cows were being transported from within the State of U.P. to any other State and hence, the Court noted the permit was not required in the peculiar facts of the case.
The Court further took into account the High Court's order in the case of Kailash Yadav and Others vs. State of U.P. & others, 2008(10) ADJ 623, wherein it was held that no permit is required for transportation of cow or its progeny within the State of Uttar Pradesh.
“From perusal of sub sections (1 to 5) of section 5-A of the Act and the law laid down by this court in Kailash Yadav's case (supra), it is evident that there is no need of permit to transport cow(s) and its progeny within the State of U.P.. Hence, such transportation of cow and its progeny cannot be said to be in violation of the Act. Consequently, it can also not be said that the seized vehicle has been used in violation of Section 5-A or any other provision of the Act,” the Court observed.
Importantly, the Court also took into account the HC’s last year order in the case of Mohd. Shakib vs. State of U.P. 2022 LiveLaw (AB) 392 wherein it was held that mere transportation of a cow and its progeny within the state of Uttar Pradesh is not a violation of any of the provisions of the UP Cow Slaughter Act.
Consequently, finding that in the instant case, the cow and its progeny were not being transported from within the State to outside the State, the Court said that the provisions of section 5-A of the Act were not attracted in the case.
Against this backdrop, the Court set aside the show cause notice, the confiscation order and the appellate order being bad in law.
Allowing the appeal, the Court also directed the opposite parties to release the vehicle forthwith in accordance with the law on such terms which are deemed appropriate.
Appearances
Counsel for Petitioner: Farhan Alam Osmany, Abdl Muqeet Khan
Counsel for Respondent: G.A.
Case title - Kaliya vs. State Of U.P. Thru. Prin.Secy. Deptt. Of Home Lko And 3 Others [CRIMINAL MISC. WRIT PETITION No. - 6826 of 2023]
Case Citation: 2023 LiveLaw (AB) 369