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UP Prevention of Cow Slaughter Act does not prohibit transportation of beef: Allahabad HC
The court clarified that the restriction under the Act is only in respect of transportation of cows, bulls or bullocks.
The Allahabad high court has said there is no restriction on the transportation of beef within the state or from any place outside Uttar Pradesh to any place inside under the UP Prevention of Cow Slaughter Act, 1955. The court clarified that the restriction under the Act is only in respect of transportation of cows, bulls or bullocks, that too from a place outside the state to a place within.
The above observation was made by Justice Pankaj Bhatia while allowing a criminal revision filed by one Vaseem Ahmad, who had moved the court challenging an order of the Fatehpur district magistrate, confiscating his motorcycle on the allegation that it was used for transportation of beef.
“The restriction on transportation in terms of the Act and Rules framed under it are applicable in respect of transportation of cow, bull or bullock that too in any place in Uttar Pradesh from any place outside the state. In the entire Act or rules there exists no provision barring transportation of beef,” the court said on Monday (November 20).
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“The restriction placed under section 5A of 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 transportation of beef even from any place outside the state to any place inside the state,” the court observed.
According to the report submitted by the DM, he had received a report from the SP, Fatehpur, that the revisionist’s vehicle was used in transporting beef and 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 the UP Prevention of Cow Slaughter Act, 1955.
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After hearing the counsel, the court observed, “In the entire Act or the rules there exists no provision barring transportation of beef . There is no bar or restriction of transport of beef even from any place outside the state to any place inside the state. In the present case the allegation being alleged transportation of beef on a vehicle (motorcycle) within two places in state, is neither prohibited nor even regulated thus, the foundation for confiscation on charge of transportation in violation of the provision of this Act is prima facie not established.”
The court held that it had no hesitation in holding that the power of confiscation has 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 confiscation order cannot be sustained and is liable to be quashed.
