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Synopsis

The Allahabad High Court recently observed that transportation of cow skin leather from outside the State does not amount to contravening Section 5A of the U.P. Prevention of Cow Slaughter Act, 1955.

Court added that in such a matter, the District Magistrate/Commissioner of the Police has no jurisdiction to pass order for confiscation of such a vehicle in the event of seizure of the transport medium by a law enforcement officer.

A single-judge bench comprising Justice Mohd. Aslam further held that if such a vehicle has been seized, the Magistrate has power under sections 451 or 457 Cr.P.C. to release the vehicle.

Court was dealing with a criminal revision plea filed against an order passed by the Special Chief Judicial Magistrate, Agra by which the application of the owner of a Canter, which was seized in March last year when it was coming from Rajasthan carrying cow skin leather, was rejected. 

The application was rejected on the ground that the Canter was seized under a special criminal Act, therefore, the Magistrate had no jurisdiction to release the Canter under Sections 451, 452, 457 of Code of Criminal Procedure.

Filing the revision, it was argued by the counsel for the revisionist that Canter was transporting the leather skins of cows which is not prohibited by the provisions of the Cow Slaughter Act, therefore, the Magistrate had erred in rejecting the release application. He further contended that leather does not fall within the definition of ‘Beef’ under section 2 of the Act.

Notably, the lower court had relied upon the ruling of a single bench of the High Court in Yaash Mohammad vs. State of Uttar Pradesh and Others (2021) for rejection of the revisionist's application.

However, the high court disagreed. It held that the decision in Yaash Mohammad was not applicable in the instant case because in Yaash Mohammad the application for the release of the vehicle was rejected on the ground that the cow or its progeny was being transported in contravention of the Section 5A of Uttar Pradesh Cow Slaughter Act.

Court further observed that where the provisions of the Cow Slaughter Act or the related rules in the context of such an acquisition, disposal, and seizure are silent, the provision of the Criminal Procedure Code, 1973 shall be affected thereto.

Therefore, allowing the criminal revision plea, Court set aside the order of the Special Chief Judicial Magistrate, Agra and directed him to decide on the release application of the seized Canter within a period of one month. 

Section 5A of the U.P. Prevention of Cow Slaughter Act, 1955 provides for Regulation on the transport of cows etc. The Section though prohibits illegal transportation of cow and its progeny or beef, it nowhere mentions cow skin leather. 

Case Title: Manjeet Tanwar @ Manjeet Tankar v. State Of U.P. And 2 Others