'Mere possession of cattle not an offence under Cow Slaughter Act'

PRAYAGRAJ: The Allahabad high court has held that mere possession and transportation of cattle within the state would not amount to an offence under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955.
Making these observations, Justice Vikram D Chauhan granted bail to one Kundan Yadav of Kushinagar district, as no evidence of physical injury to any cow or its progeny which could endanger their lives was found.
The court was hearing the bail application of a man, who was arrested and kept in jail for almost three months after six cows, which had no signs of physical injury, were recovered from a vehicle. Consequently, he was jailed for the offences under UP Cow Slaughter Act and Prevention of Cruelty to Animals Act, 1960.
While allowing the bail application of Kundan Yadav, the court observed, "Mere possession of live cow/bullock by itself cannot amount to committing, abetting or attempting an offence under the Cow Slaughter Act. Further, mere transportation of cows from one place to another within Uttar Pradesh would not come within the ambit of the aforesaid Act. Hence, mere transport of cows within UP state would not amount to committing abetting or attempting to commit an offence under the said Act."
"No material or circumstance has been shown by the counsel for the state to demonstrate that any physical injury to any cow or its progeny so as to endanger the life thereof such as to mutilate its body or to transport it in any situation, thereby endangering the life thereof. Besides, there is no intention of endangering life by not providing food or water by the applicant. There is no witness to substantiate that the applicant has caused any physical injury to any cow or its progeny so as to endanger the life. No report of competent authority has been placed to show any physical injury was caused on the body of the cow or bullock," added the court while granting bail to the applicant.
A case (case crime no. 29 of 2023) was registered against the applicant Kundan Yadav under UP Prevention of Cow Slaughter Act and Prevention of Cruelty to Animal Act at police station Pataherwa of Kushinagar district. He has been languishing in jail since March 6, 2023.
During the course of hearing, the counsel for the applicant contended that the applicant has been falsely implicated in the case, as there is no allegation of slaughter against the applicant and merely six cows have been recovered from one vehicle.
However, the counsel for the state government opposed the bail application, saying that UP Cow Slaughter Act has been enacted to prohibit and prevent the slaughter of cows and its progeny in the state of Uttar Pradesh. The applicant has been found to have committed an offence under this Act.
While not accepting this contention, the court in its decision dated May 24 said, 'No material has been shown by the state counsel to demonstrate that the applicant has slaughtered or offered for slaughter a cow, bull, bullock in any place in UP. Hence the alleged act of the applicant does not come within the ambit of UP cow slaughter Act."