E-Paper
Transportation of cow within state not a violation of U.P. Cow Slaughter Act: Allahabad high court
The Allahabad high court set aside an order passed by the Varanasi district magistrate to seize a vehicle on the allegation that the same was carrying animals for the purpose of cow slaughter without valid permission
The Allahabad high court on Thursday observed that the mere transportation of a cow within Uttar Pradesh is not a violation of any of the provisions of the U.P. Cow Slaughter Act.
With this, the Allahabad high court set aside an order passed by the Varanasi district magistrate to seize a vehicle on the allegation that the same was carrying animals for the purpose of cow slaughter without valid permission.
Allowing a petition filed by Mohd Shakib, Justice Mohd Aslam further held that no permit is required to transport the cow and its progeny within Uttar Pradesh.
The truck in question was caught by the police and seized on the grounds of illegally carrying the transport business of cow without any legal authority. An FIR was lodged under the Cow Slaughter Act and the Prevention of Animal Cruelty Act.
The owner/applicant moved an application for release of the truck in question before the Varanasi district magistrate, which was rejected. Thereafter, he filed a criminal revision which was rejected. Therefore, he moved the high court, challenging 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.
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.
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 cow 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 any provisions of the Cow Slaughter Act, and therefore, police have no power or jurisdiction to seize or confiscate the vehicle in question. The Varanasi DM has passed the impugned confiscation order dated August 18, 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 added.
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.
