Transportation of cow, its progeny within UP not against law, rules Allahabad HC

LUCKNOW: The Allahabad High Court observed that mere transportation of cow and its progeny within Uttar Pradesh was not a violation of the provisions of UP Cow Slaughter Act while setting aside an order passed by the Varanasi District Magistrate to seize a vehicle carrying cattle.

The single judge bench of High Court comprising Justice Mohammad Aslam made the above observation on Thursday while hearing a plea against the Varanasi DM's order to seize the vehicle that the order said was ferrying the cattle for the purpose of slaughter without a valid permission.

Allowing a petition filed by one Mohammad Shakib, Justice Aslam further held that no permit was required to transport the cow and its progeny within the state.

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 a cow and its progeny within the state of Uttar Pradesh.

The case pertains to a truck which was caught by the Varanasi police and seized in August 2021 on the grounds that the cattle were being illegally ferried without any legal authority and an FIR was lodged under the Cow Slaughter Act and Prevention of Animal Cruelty Act.

The truck owner moved an application for the release of the vehicle before the district magistrate, Varanasi, which was rejected. Thereafter, he filed a criminal revision which was also rejected. Therefore, he moved the High Court to challenge the Varanasi DM's order as well as the revisional court's order.

Opposing his plea, the state counsel submitted that a 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.

The state counsel also mentioned other subsequently added provisions dealing with the seizure of the cow and the vehicle in 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.

However, 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 was 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 order of the Varanasi DM was without jurisdiction and the same was set aside.

LUCKNOW: The Allahabad High Court observed that mere transportation of cow and its progeny within Uttar Pradesh was not a violation of the provisions of UP Cow Slaughter Act while setting aside an order passed by the Varanasi District Magistrate to seize a vehicle carrying cattle. The single judge bench of High Court comprising Justice Mohammad Aslam made the above observation on Thursday while hearing a plea against the Varanasi DM's order to seize the vehicle that the order said was ferrying the cattle for the purpose of slaughter without a valid permission. Allowing a petition filed by one Mohammad Shakib, Justice Aslam further held that no permit was required to transport the cow and its progeny within the state. 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 a cow and its progeny within the state of Uttar Pradesh. The case pertains to a truck which was caught by the Varanasi police and seized in August 2021 on the grounds that the cattle were being illegally ferried without any legal authority and an FIR was lodged under the Cow Slaughter Act and Prevention of Animal Cruelty Act. ALSO READ | Demolition preparation of Noida's Supertech twin towers complete The truck owner moved an application for the release of the vehicle before the district magistrate, Varanasi, which was rejected. Thereafter, he filed a criminal revision which was also rejected. Therefore, he moved the High Court to challenge the Varanasi DM's order as well as the revisional court's order. Opposing his plea, the state counsel submitted that a 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. The state counsel also mentioned other subsequently added provisions dealing with the seizure of the cow and the vehicle in 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. However, 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 was 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 order of the Varanasi DM was without jurisdiction and the same was set aside.