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Synopsis

The Allahabad High Court recently ordered release of a truck that had been confiscated by the police on the allegation that it was transporting cows and their progeny illegally. 

The bench of Justice Karunesh Singh Pawar held that there is no need for a permit to transport cow(s) and its progeny within the State of Uttar Pradesh. 

"From perusal of sub sections (1 to 5) of section 5-A of the Act (U.P. Prevention of Cow Slaughter Act, 1955) and the law laid down by this court in Kailash Yadav's case (supra), it is evident that there is no need of permit to transport cow(s) and its progeny within the State of UP. . Hence, such transportation of cow and its progeny cannot be said to be in violation of the Act," court said. 

Court emphasised that as per Section 5-A(1) of the Act, the said provision shall come into place when the cow or its progeny is transported from within the State of U.P. to any other place outside the State and in that case, a permit issued by the authorised officer of the State government shall be required.

Therefore, while noting that in the present case, there was nothing on record to show that the alleged recovered animals, i.e. the cows were being transported from within the State of U.P. to any other State, court held that section 5-A of the Act had been violated. 

Court was dealing with a plea filed by one Kaliya seeking direction to quash an order dated March 14, 2023, passed by District Magistrate, Hardoi whereby his vehicle had been confiscated and the order dated June 15, 2023, passed by the Commissioner, Lucknow Mandal, Lucknow by which the appeal filed by him against the order dated March 14 had been rejected.

A first information report (FIR) under sections 3, 5, and 8 of U.P. Prevention of Cow Slaughter Act, 1955 was registered on November 2, 2022, at police station Kachhauna, district Hardoi against some named accused persons stating that seven persons were caught red-handed while carrying cow and its progeny. Certain incriminating articles such as two motorcycles, two 12-bore pistols, mobile phones, etc were also recovered from the named accused persons.

A truck, which was registered in the name of the present petitioner was confiscated later on, despite the fact that he was not named in the FIR. 

On the basis of the FIR, proceedings under section 5-A(7) of the Act against the petitioner were initiated, and a show cause notice dated December 13, 2022, calling for the reply was served on the petitioner.

The petitioner submitted his reply dated February 17, 2023 to the show cause notice denying the incident and the allegations levelled against him.

In the reply, he stated that he was not a named accused in the case nor a charge sheet had been filed against him. He claimed that the vehicle in question had not been used for transportation of the cows and their progeny and also no beef had been recovered from the vehicle.

He further stated that he was the registered owner of the vehicle and had been falsely implicated in the matter as he opposed the illegal extortion committed by the police. Thus he prayed for the vehicle to be released.

On the other hand, the District Magistrate vide impugned order dated March 14, 2023, in exercise of powers under Section 5-A(7) confiscated the vehicle in favour of the State Government while recording a finding that the vehicle was being used for slaughtering the cows and its progeny were being transported for the aforesaid purpose, hence, provisions of the Act had been violated.

The appellate court did not find any illegality in the impugned order and upheld the order passed by the District Magistrate.

To decide the matter, court referred to its judgment in Kailash Yadav and Others versus State of U.P. and Others (2008) wherein the question involved in the case in hand had come up for consideration and it was held that "no permit is required for transportation of cow or its progeny within the State of U.P.. Section 5-A(6 to 8) provides for confiscation and release of vehicle by which beef or cow and its progeny is transported in violation of the provisions of the Act and relevant rules".

Therefore, while stressing that in the present matter, it was evident that the cow and its progeny were not being transported from within the State to outside the State, court held that the provisions of section 5-A of the Act were not attracted.

Accordingly, it allowed the plea and set aside the show cause notice dated December 13, 2022 issued by the District Magistrate, the confiscation order dated March 14, 2023 (supra) and the appellate order dated June 15, 2023. 

Case Title: Kaliya v. State of UP and 3 Others