The court also holds that transportation of cows, bulls or bullocks within the state doesn’t require any permit.
In
a judgement on Monday, the court said the restriction under the Act is only in
respect of transportation of cows, bulls or bullocks, that too from a place
outside the state to a place within.
Justice Pankaj Bhatia wrote in the order, “The restrictions
on transportation in terms of the Act and the Rules framed thereunder is only
applicable in respect of transportation of cow, bull or bullock that too in any
place in Uttar Pradesh from any place outside the State. In the entire Act or
the rules there exists no provision barring transportation of beef. The
restriction placed under Section 5A of the Cow Slaughter Act is only in respect
of transportation of cow, bull or bullock that too only from a place outside
the State to any place within the State. There is no bar or restriction of
transport of beef even from any place outside the State to any place inside the
State…”
The court was hearing a criminal revision petition filed by
Vaseem Ahmad of Fatehpur, who was booked in a case in 2021 under section 8/5/3
of the Act. It was booked on allegations that four people who were on two
motorcycles were apprehended, they fled leaving behind the motorcycles and that
“one quintal and 200 grams of beef was allegedly recovered from the bags” on
inspection. Ahmad was booked as he owned one of the motorcycles.
Ahmad moved an application for the release of his motorcycle
during the pendency of the case. The Fatehpur superintendent of police said in
a report that Ahmad was chargesheeted and the motorcycle in question was made a
case property and was liable to be confiscated. The district magistrate also
ordered that the vehicle was liable to be confiscated.
Ahmad’s lawyer, Pradeep
Kumar, argued “that the confiscation is contrary to the mandate of the Act and
also violates the rights enshrined under Article 300(A) of the Constitution of
India as the confiscation is not a proper exercise of power” and that “the
order deserves to be quashed”.
The
government counsel justified the district magistrate’s order by arguing that as
per the report, the vehicle was used for transporting beef.
In its order, the high
court said, “To attract the power of confiscation conferred by virtue of Rule 7
of Section 5A, it is essential to allege and establish that the vehicle on
which beef is being transported is done in violation of the provisions of this
Act and the relevant rules. It is essential to note that for transportation of
cow, bull or bullock specific rules for issuance of permit are prescribed under
Rule 16, however, the transportation of the cow, bull or bullock, within the
State of Uttar Pradesh (as is in the present case) does not require any permit
as has also been held by this Court in the case of Ashfaq Ahmad vs. State of UP
& another.”
The
court said that transportation of beef on a vehicle from a place to another in
the state is neither prohibited nor regulated. “Thus, the foundation for
confiscation on charge of transportation in violation of the provision of this
Act is prima facie not established,” it said.
“I have no hesitation in holding that the power of confiscation has been exercised without any authority of law and on a misreading of section 5A(7) of the Cow Slaughter Act and for the said reasons the confiscation order cannot be sustained and is liable to be quashed,” the judge wrote while ordering the district magistrate to release the motorcycle.
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Credit: THE INDIAN EXPRESS
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