PRAYAGRAJ: Observing that mere transportation of cow and its progeny within Uttar Pradesh is not a violation of the provisions of UP Cow Slaughter Act, Allahabad high court on Thursday set aside an order passed by Varanasi district magistrate to seize a vehicle on the charge that it was carrying animals for the purpose of slaughter without a valid permission.
Allowing a petition filed by one Mohammad Shakib, Justice Mohammad Aslam further held that no permit is required to transport the cow and its progeny within the state.
A truck was caught by the police and seized in August 2021 on the grounds of illegally carrying cows without any legal authority and an FIR was lodged under Cow Slaughter Act and Prevention of Animal Cruelty Act.
The owner of the truck moved an application for the release of the truck before the district magistrate, Varanasi, which was rejected. Thereafter, he filed a criminal revision which was also rejected. Therefore, he moved the high court, challenging the DM’s order as well as the revisional court’s order.
Opposing his plea, the state counsel submitted that cow and its progeny cannot be transported within Uttar Pradesh without a permit as per section 5A of the Cow Slaughter Act and regulation on the transport of cow, which regulates the transport of the cow, etc.
He also mentioned other subsequently added provisions, 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 under the relevant rules. “Hence, it can be confiscated and seized by law enforcement officers,” he said.
The court took into account the earlier high court 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 cows or its progeny within Uttar Pradesh.
Therefore, the court held that 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 have no power or jurisdiction to seize or confiscate the vehicle in question.
The court said that the Varanasi DM had passed the impugned confiscation order dated August 18, 2021 in contravention of the law, as no permit was required to transport cow and its progeny within the state of Uttar Pradesh.
In this backdrop, the court held that the order of the Varanasi DM was without jurisdiction and the same was set aside. Likewise, the revisional court’s order dated October 13, 2021 was also held to be against the provisions of law and was set aside.
Allowing a petition filed by one Mohammad Shakib, Justice Mohammad Aslam further held that no permit is required to transport the cow and its progeny within the state.
A truck was caught by the police and seized in August 2021 on the grounds of illegally carrying cows without any legal authority and an FIR was lodged under Cow Slaughter Act and Prevention of Animal Cruelty Act.
The owner of the truck moved an application for the release of the truck before the district magistrate, Varanasi, which was rejected. Thereafter, he filed a criminal revision which was also rejected. Therefore, he moved the high court, challenging the DM’s order as well as the revisional court’s order.
Opposing his plea, the state counsel submitted that cow and its progeny cannot be transported within Uttar Pradesh without a permit as per section 5A of the Cow Slaughter Act and regulation on the transport of cow, which regulates the transport of the cow, etc.
He also mentioned other subsequently added provisions, 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 under the relevant rules. “Hence, it can be confiscated and seized by law enforcement officers,” he said.
The court took into account the earlier high court 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 cows or its progeny within Uttar Pradesh.
Therefore, the court held that 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 have no power or jurisdiction to seize or confiscate the vehicle in question.
The court said that the Varanasi DM had passed the impugned confiscation order dated August 18, 2021 in contravention of the law, as no permit was required to transport cow and its progeny within the state of Uttar Pradesh.
In this backdrop, the court held that the order of the Varanasi DM was without jurisdiction and the same was set aside. Likewise, the revisional court’s order dated October 13, 2021 was also held to be against the provisions of law and was set aside.