Prayagraj : Given that only within the transport of the cow and its progeny Uttar Pradesh does not violate the provisions of UP Cow Slaughter Act, Allahabad High Court On Thursday, the Varanasi District Magistrate quashed an order impounding a vehicle on the allegation that it was transporting animals for the purpose of slaughter without valid permission.
Allowing a petition filed by one Mohd. Shakib, Justice Mohd. Aslam further observed that no permit is required to carry a cow and its offspring within the state.
A truck was caught and confiscated by the police in August 2021 on the grounds of illegally transporting cows without any legal authority and an FIR was registered under the Cow Slaughter Act and the Prevention of Cruelty to Animals Act.
The owner of the truck made an application to the Varanasi District Magistrate to release the truck, which was rejected. Subsequently, he filed a criminal revision which was also dismissed. Therefore, he moved the High Court challenging the DM’s order as well as the revisional court’s order.
Opposing his plea, the counsel for the state submitted that the cow and its progeny were allowed to be slaughtered in Uttar Pradesh without permits under Section 5A of the Cow Slaughter Act and Regulation on Transport of Cow, which governs the transport of cows, etc. cannot be moved inside.
He also referred to other provisions added later, which pertain to the confiscation of the cow and the transport medium by which the beef or the cow and its progeny are transported under the provisions of this Act and the relevant rules. “Therefore, it can be confiscated and confiscated by law enforcement officers,” he said.
The court took note of the earlier High Court order in Kailash Yadav & Ors vs State of U.P. & Ors., 2008 (10) ADJ 623, which held that no permit was required for the transport of cows or its offspring. Is. Uttar Pradesh
Therefore, the court said that it cannot be said that the confiscated vehicle in question was used in contravention of section 5A(1) to (11) or any provision of the Cow Slaughter Act, and hence, it is up to the police to confiscate it. has no power or jurisdiction. Or confiscate the vehicle in question.
The court said that the order of seizure was passed by the Varanasi DM on August 18, 2021 in violation of the law, as no permit was required to carry the cow and its offspring within the state of Uttar Pradesh.
In this background, the court held that the order of the DM of Varanasi was without jurisdiction and quashed it. Similarly, the order of the Revisional Court dated October 13, 2021 was also held to be against the provisions of the law and the same was set aside.
Allowing a petition filed by one Mohd. Shakib, Justice Mohd. Aslam further observed that no permit is required to carry a cow and its offspring within the state.
A truck was caught and confiscated by the police in August 2021 on the grounds of illegally transporting cows without any legal authority and an FIR was registered under the Cow Slaughter Act and the Prevention of Cruelty to Animals Act.
The owner of the truck made an application to the Varanasi District Magistrate to release the truck, which was rejected. Subsequently, he filed a criminal revision which was also dismissed. Therefore, he moved the High Court challenging the DM’s order as well as the revisional court’s order.
Opposing his plea, the counsel for the state submitted that the cow and its progeny were allowed to be slaughtered in Uttar Pradesh without permits under Section 5A of the Cow Slaughter Act and Regulation on Transport of Cow, which governs the transport of cows, etc. cannot be moved inside.
He also referred to other provisions added later, which pertain to the confiscation of the cow and the transport medium by which the beef or the cow and its progeny are transported under the provisions of this Act and the relevant rules. “Therefore, it can be confiscated and confiscated by law enforcement officers,” he said.
The court took note of the earlier High Court order in Kailash Yadav & Ors vs State of U.P. & Ors., 2008 (10) ADJ 623, which held that no permit was required for the transport of cows or its offspring. Is. Uttar Pradesh
Therefore, the court said that it cannot be said that the confiscated vehicle in question was used in contravention of section 5A(1) to (11) or any provision of the Cow Slaughter Act, and hence, it is up to the police to confiscate it. has no power or jurisdiction. Or confiscate the vehicle in question.
The court said that the order of seizure was passed by the Varanasi DM on August 18, 2021 in violation of the law, as no permit was required to carry the cow and its offspring within the state of Uttar Pradesh.
In this background, the court held that the order of the DM of Varanasi was without jurisdiction and quashed it. Similarly, the order of the Revisional Court dated October 13, 2021 was also held to be against the provisions of the law and the same was set aside.