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
AMN / LUCKNOW
The Allahabad High Court on Thursday observed that mere transportation of a cow within Uttar Pradesh does not violate any of the provisions of UP, including the Cow Slaughter Act. Simultaneously, the High Court quashed the order of the Varanasi District Magistrate to confiscate a vehicle. In this case it was said that animals were taken for the purpose of cow slaughter without valid permission.
The court held that the order of the DM of Varanasi was out of jurisdiction and quashed it. Similarly, the order of the Revision Court dated 13 October 2021 was also quashed considering it to be against the provisions of the law.
Hearing a petition filed by truck owner Mohammad Shakib, Justice Mohd. Aslam observed that no permit is required to transport the cow and its offspring within Uttar Pradesh. The truck, which was engaged in the business of transporting cows without any legal authority, was caught and confiscated by the police. An FIR was registered in this case under the Cow Slaughter Act and the Prevention of Cruelty to Animals Act.
The truck owner had made an application before the Varanasi District Magistrate to release the truck. which was rejected. Thereafter he filed a revision petition, which was also dismissed. He moved the High Court challenging the DM’s order as well as the revisional court’s order.
Opposing his plea, the counsel for the state said that the cow and its descendants cannot be taken within Uttar Pradesh without Section 5A of the Act on Transport and Regulation on Transport of Cow. He also mentioned other provisions added which pertain to confiscation of cow and transport medium under the provisions of this Act and related rules. By this beef or cow and its progeny are carried. Confiscation can be done only by enforcement officers under this law.
The court referred to the order of the first High Court in the case of Kailash Yadav & Ors vs. State of U.P. 2008(10) ADJ 623 held that no permit is required for the transport of a cow or its progeny within Uttar Pradesh.
The court said that it cannot be said that the seized vehicle was used in contravention of any provision of the Cow Slaughter Act. Therefore, the police have no right to confiscate the vehicle. The court said that the DM of Varanasi has passed the wrong order of confiscation on August 18, 2021, as no permit is required to carry the cow and its offspring within the state of Uttar Pradesh.