UP 'Cow Slaughter Act' | No Permit Required For Transportation Of Cow, Its Progeny Within Uttar Pradesh: Allahabad High Court

The Allahabad High Court has observed 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.

The Bench of Justice Mohd. Aslam further held that no permit is required to transport the cow and its progeny within the state of Uttar Pradesh.

With this, the court set aside an order passed by District Magistrate, Varanasi to seize a vehicle on the allegations that the same was carrying animals for the purpose of cow slaughtering without valid permission.

The case in brief 

The vehicle/truck in question was caught by the police and was seized on the grounds of illegally carrying the transport business of cow without any legal authority, and the first information report was lodged under Sections 3/5A/8, 5B of Cow Slaughter Act and Section 11 Prevention of Animal Cruelty Act.

The owner/applicant moved an application for release of the Truck in question before the District Magistrate, Varanasi which was rejected. Thereafter, he filed a criminal revision which was rejected. Therefore, he moved to the High Court challenging DM's order as well as the revisional court's order.

Opposing his plea, the A.G.A. submitted that cow and its progeny cannot be transported within the State of UP without a permit as per Section 5A of the Cow Slaughter Act [5-A. Regulation on the transport of cow, etc.] which regulates the transport of the cow, etc.

It was further submitted that by UP Act, the sub-clauses (6), (7), (8), (9), (10) and (11) were inserted after sub-clause 5 to Section 5A which deal with the seizure of the cow and transport medium by which the beef or cow and its progeny is transported in violation of the provisions of this Act and the relevant rules, shall be confiscated and seized by law enforcement officers.

Court's observations

At the outset, the Court 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.

Our readers may note that in Kailash Yadav (supra) case, it was held that merely due to carrying the bullocks by the accused persons named in the FIR, it can not be presumed that they were carrying the said cattle for slaughtering.

In that case, the Court had further observed that even if it is assumed that the accused persons were carrying the bullocks for the purpose of slaughtering, the case would not travel beyond the stage of preparation, which is not punishable under the Cow Slaughter Act.

"If neither any attempt of slaughtering the cow, bull or bullock is made nor these cattle are offered to any person for slaughtering and if all the cattle during transportation or carrying them on foot remained healthy and no cattle is killed or maimed and no in- jury sufficient in the ordinary course to cause death is caused to them, then no offence under the Cow Slaughter Act would be made out, even if these cattle are carried with the intention of slaughtering, because intention of the offence of slaughtering is not punishable under any law for the time being in force. Mere transportation of cow, bull or bullock from one place to another place within the State of Uttar Pradesh or carrying them on foot can not amount to 'attempt of slaughtering and this act at the most can be said to the preparation' of slaughtering, which is not punishable under Cow Slaughter Act or any other law for the time being in force." the Court had held.

Taking note of this, the High Court in the instant case observed that there is no need for a permit to transport a cow and its progeny within the state of Uttar Pradesh and therefore, transportation of a cow and its progeny within the state of Uttar Pradesh is not a violation of any of the provisions of the Cow Slaughter Act.

"Therefore, it cannot be said that the seized vehicle in question was used in violation of Section 5A (1) to (11) or any provisions of the Cow Slaughter Act, and therefore, police has no power or jurisdiction to seize or confiscate the vehicle in question. The District Magistrate, Varanasi has passed the impugned confiscation order dated 18.08.2021 in contravention of the law, as no permit is required to transport cow and its progeny within the state of Uttar Pradesh," the Court further held.

In the above circumstances, the order passed by District Magistrate, Varanasi was held to be without jurisdiction and the same was set-aside. Likewise, the revisional court's order dated 13.10.2021 was also held to be against the provisions of law and was set-aside.

Recently, the Allahabad High Court had observed that the transport of cow skin leather does not amount to any contravention of provisions of the U.P. Prevention of Cow Slaughter Act, 1955, and therefore, the Magistrate has power under sections 451 or 457 Cr.P.C. to release a vehicle by which allegedly skin leather of cow or its progeny was transported.

With this, the bench of Justice Mohd. Aslam set aside an order of the Special Chief Judicial Magistrate, Agra rejecting the application filed by the revisionist seeking the release of his vehicle allegedly used to transport Cow Skin Leather.

Case title - Mohd.Shakib v. State of U.P. [APPLICATION U/S 482 No. - 23143 of 2021]

Case Citation: 2022 LiveLaw (AB) 392

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