The Allahabad High Court bench of Justice Mohd. Aslam 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 Prevention of Cow Slaughter Act. The court further held that no permit is required to transport the cow and its progeny within the state of Uttar Pradesh, reported LiveLaw.

Accordingly, the Court set aside the 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.

Brief Background of the case

The applicant Mohd. Shakib is a registered owner of an insured vehicle used to run on the road in transport business, during the course of which it was caught by the police on December 12, 2020 at about 20:50 P.M. It was seized for illegally undertaking the business of transporting cows without any legal authority. A First Information Report (FIR) was lodged under Sections 3/5A/8, 5B of Cow Slaughter Act and Section 11 Prevention of Animal Cruelty Act.

As per the FIR, authorities received a tip from an informer that the alleged truck bearing registration No. UP-70ET/2667 is carrying animals for the purpose of cow slaughtering without valid permission. It was based on this information that the police caught the aforesaid vehicle and recovered 16 bullocks, whereas, the driver of the vehicle had ran away.

Two days before the incident, the driver of the truck had used the vehicle to carry paddy in district Chandauli without giving information to the applicant, and thereupon, the truck was caught by personnel from the Saiyadraja police station. The police then informed the applicant about the seizure of the truck. It appears that the offence was committed by the driver of the truck without the knowledge of the applicant, and therefore, the applicant had no role in this regard.

The applicant then moved the court of District Magistrate, Varanasi requesting that his truck be released. But this application was rejected vide impugned order dated August 18, 2021 without considering the release application of the applicant. Thereafter, the applicant moved the court of District and Sessions Judge, Chandauli on the aforesaid ground (Criminal Revision No. 54 of 2021). The aforesaid revision was transferred to the court of Special Judge (SC/ST Act), Chandauli and the revisional court also without considering the record of the case in a routine manner rejected the revision vide order dated October 13, 2021.

Court’s observation

The Court referred to the relevant provisions of the UP Prevention of Cow Slaughter Act such as Section 5-A which provides for regulation on transport of cows, etc. With respect to the question whether permit is required for transportation of the cow or its progeny within the State of Uttar Pradesh, it referred to Kailash Yadav and Others vs. State of U.P. & others, 2008(10) ADJ 623, wherein it is held that no permit is required for transportation of cows or their progeny within the State of Uttar Pradesh. Sub-section 5A (6 to 8) provides for confiscation and release of vehicles by which beef or cow and its progeny is transported in violation of the provision of this Act and the relevant rules.

It observed, “From the perusal of sub-section (1 to 5) of Section 5A of this Act and the law laid down by this Court in Kailash Yadav and Others vs. State of U.P. & Others (supra), it is abundantly clear that there is no need of permit to transport cow and its progeny within the state of Uttar Pradesh. 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. In above circumstances, the impugned order dated 18.08.2021 passed by District Magistrate, Varanasi is without jurisdiction and the same is liable to be set-aside. Likewise, the revisional court has not considered the relevant provisions of Section 5A of Cow Slaughter Act while dismissing the criminal revision of the applicant, therefore, the impugned order dated 13.10.2021 passed by Special Judge (SC/ST Act), Chandauli is also against the provisions of law and is liable to be set-aside.”

Accordingly, the Court allowed the application and set aside the order dated August 18, 2021 passed by District Magistrate, Varanasi and the order dated October 13, 2021 passed by Special Judge (SC/ST Act). The court further directed to release the vehicle in question in accordance with the law.

A copy of the order may be read here: 

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