UP Prevention of Cow Slaughter Act 1955 Doesn't Bar Or Restrict Transportation Of Beef: Allahabad High Court

The observation was made by the bench of Justice Pankaj Bhatia while allowing a criminal revision plea filed by one Vaseem Ahmad challenging an order of the District Magistrate, Fatehpur confiscating his motorcycle (on the allegations that it was used for transportation of beef) in exercise of powers under section 5A(7) of the 1955 Act.

Essentially, in its order, the District Magistrate of Fatehpur documented that he had received a report from the Superintendent of Police, Fatehpur that the Revisionist's vehicle was implicated in transporting beef, leading to the registration of an offence under Sections 3/5A/8 of the Cow Slaughter Act.

The order further recorded that since the revisionist failed to provide convincing evidence contradicting the claim that the vehicle was not used for transportation, it was deemed liable for confiscation under Section 5A(7) of the Cow Slaughter Act.

Challenging the order before the HC, the counsel for the revisionist contended that the confiscation contradicted the provisions of the Act and infringed upon the rights protected by Article 300(A) of the Indian Constitution. It was also asserted that the confiscation did not align with the lawful exercise of power, warranting the quashing of the order.

At the outset, the Court noted that Section 3 of the 1955 Act prohibited the slaughter of cows, bulls, or bullocks in any location within Uttar Pradesh and as per, Section 5A(1) of the Act, it was forbidden for any individual to transport, offer for transportation, or cause the transportation of any cow, bull, or bullock—whose slaughter is punishable under the Act—from one place within the State to another outside the State without a permit issued by the State Government.

The Court further observed that Section 5A(7) of the Act specifies that if a vehicle is used to transport beef or cows and their offspring in violation of the Act and relevant rules, law enforcement officers have the authority to seize and confiscate the vehicle.

Against this backdrop, the Court noted that to attract the power of confiscation conferred by virtue of Rule 7 of Uttar Pradesh Prevention of Cow Slaughter Rules, 1964 and Section 5A of the 1955 Act, it is essential to allege and establish that the vehicle on which beef is being transported is done in violation of the provisions of this Act and the relevant rules.

“The restriction placed under Section 5A of the Cow Slaughter Act is only in respect of transportation of cow, bull or bullock that too only from a place outside the State to any place within the State. There is no bar or restriction of transport of beef even from any place outside the State to any place inside the State”, the Court remarked.

Importantly, the Court further emphasized that in the current case, the accusation involved the transportation of beef using a vehicle (motorcycle) within two locations within the state, however, this action is neither prohibited nor regulated under the provisions of either the 1955 Act or 1964 Rules and therefore, the Court added, the basis for confiscation on the grounds of transportation in violation of the provisions of this Act is not prima facie established.

Consequently, the Court held that the power of confiscation had been exercised without any authority of law and on a misreading of section 5A(7) of the Cow Slaughter Act and for the said reasons, the Court quashed the confiscation order and directed for the release of the vehicle.

Also read: Cow Slaughter Incidents Increasing Despite State-Wide Ban, UP Police Not Serious In Probing Such Cases: Allahabad High Court

UP ‘Cow Slaughter’ Act | Vehicle Transporting Cow, Its Progeny Within UP Can’t Be Seized Or Confiscated: Allahabad High Court

Case title - Vaseem Ahmad vs. State of U.P. and Another 2023 LiveLaw (AB) 446 [CRIMINAL REVISION No. - 4956 of 2023]

Case Citation: 2023 LiveLaw (AB) 446

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