Transportation Of Cow Skin Leather Doesn't Amount To Contravention Of 'UP Cow Slaughter Act': Allahabad High Court

The Allahabad High Court has 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.

Essentially, the CJM Agra had reasoned that since the vehicle (Canter) was seized under a special criminal act [Cow Slaughter Act], therefore, it had no jurisdiction to release the same by exercising its power under Sections 451, 452, and 457 of Code of Criminal Procedure.

The CJM court had relied upon the ruling of the Allahabad High Court in the case of Yas Mohammad v. State of U.P. 2021 SCC Online Allahabad 608 wherein it was held that a Magistrate is denuded of his power to pass any order under Sections 451, 452, and 457 CrPC for release of a vehicle seized for alleged violation of provisions of the U.P. Prevention of Cow Slaughter Act.

However, the High Court set aside the CJM's order by relying upon the High Court's ruling in the case of Mohd. Haneef vs. State of UP and Others [Criminal Misc. Application No. 20507 of 2008], by holding that since the transportation of skin leather of cow isn't specifically prohibited under the Cow Slaughter Act or rule of Uttar Pradesh Cow Slaughter Rules, therefore, the Special Magistrate, Agra, in fact, had the jurisdiction to decide the release of the vehicle in question.

It may be noted that in Mohd. Haneef Case, relying upon the order passed by the High Court in Criminal Revision No. 23 of 2005, it was held that the transportation of cow skin leather does not amount to any contravention of provisions of the Cow Slaughter Act.

Consequently, the Court held that the magistrate can pass an order for the release of the vehicle as the act allegedly committed in this case doesn't fall under the category of an offence under the UP Cow Slaughter Act.

"The Judicial Magistrate has jurisdiction to release the Canter DL1GC5909 as being the case property. The ruling of Single Bench of this Court in Yaash Mohammad vs. State of UP (supra) on which learned lower court has relied and held that the lower court has no jurisdiction to release the Canter in question is not applicable in this case because in the aforesaid case the application for the release of vehicle was rejected on the ground that the cow or its progeny was transported in contravention of Section 5A of Uttar Pradesh Cow Slaughter Act regarding which special provisions were prescribed and only District Magistrate/Commissioner of the Police was authorised to pass order for confiscation in the event of seizure of cow or its progeny and transport medium"

The case in brief

The vehicle (Tata Eicher Canter) of revisionist Manjeet Tanwar @ Manjeet Tankar was apprehended and seized allegations that it was loaded with cow skin. A case was also registered agaainst the driver of the vehicle after he was arrested on account of the offences punishable under Sections 3/5Ka/8 of the Uttar Pradesh Cow Slaughter (Prevention) Act.

Thereafter, the revisionist moved an application for the release of the vehicle, however, the same was rejected by Special Chief Judicial Magistrate, Agra vide impugned order dated November 11, 2021. Feeling aggrieved by the said order, the revisionist preferred the instant revision.

It was the primary submission of the revisionist that the vehicle was transporting the leather skins of cows which is not prohibited by the provisions of the Cow Slaughter Act. 

Case title - Manjeet Tanwar @ Manjeet Tankar v. State Of U.P. And 2 Others

Citation: 2022 LiveLaw (AB) 385

Click Here To Read/Download Order