LI Network
Published on: October 11, 2023 at 01:41 IST
The Allahabad High Court has recently delivered a significant judgment regarding the transport of cows and their progeny within the state of Uttar Pradesh.
In a case titled Kaliya vs. State Of U.P. Thru. Prin.Secy. Deptt. Of Home Lko And 3 Others the court clarified that vehicles used for the transportation of cows and their progeny within the state cannot be seized or confiscated under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955.
Justice Karunesh Singh Pawar presided over this case, which stemmed from allegations of transporting cows and their progeny in violation of the said Act.
Case Background:
The case began with an FIR filed in November 2022 against seven individuals who were accused of transporting cows in a vehicle. Subsequently, proceedings under section 5-A(7) of the Cow Slaughter Act were initiated, leading to a show cause notice being served on the petitioner.
The petitioner denied the allegations, stating that the vehicle had not been used for transporting cows and that no beef had been found in it. Despite this, in March of the following year, the District Magistrate issued an order confiscating the vehicle, claiming it had been involved in inter-state transportation of cows and their progeny.
The appellate court upheld this decision, prompting the petitioner to seek relief from the High Court.
Observation of High Court:
The High Court, in its observations, analyzed Section 5-A(1) of the Cow Slaughter Act and found that there was no evidence indicating that the cows had been transported from within the state of U.P. to any other state. Consequently, the Court concluded that a permit was not required in this particular case.
The Court also referred to a previous ruling in the case of Kailash Yadav and Others vs. State of U.P. & others, 2008, which established that no permit is necessary for transporting cows or their progeny within the state of Uttar Pradesh. Building on this, the Court emphasized that transportation of cows and their progeny within the state did not violate the Act’s provisions.
Furthermore, the Court considered a previous ruling from last year, Mohd. Shakib vs. State of U.P. 2022, where it was established that the mere transportation of cows and their progeny within the state of Uttar Pradesh does not violate any provisions of the UP Cow Slaughter Act.
In light of these findings, the Court set aside the show cause notice, confiscation order, and appellate order, deeming them legally flawed. Additionally, the Court directed the opposing parties to release the vehicle promptly, subject to appropriate legal terms.
This judgment by the Allahabad High Court has clarified the legal stance on the transportation of cows and their progeny within Uttar Pradesh under the Cow Slaughter Act, providing valuable guidance on the issue.