Allahabad HC: In UP law, there is no provision that bars transportation of beef

“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,” he said.

The High Court was hearing a criminal revision petition filed by one Vaseem Ahmad of Fatehpur who was booked in a case lodged in 2021 under the Cow Slaughter Act.

The case was lodged based on allegations  that four persons, who were on two motorcycles, were apprehended and that they fled leaving behind the motorcycles and on inspection, “one quintal 200 grams of beef was allegedly recovered from the bags”.

The ownership of a motorcycle was traced to Ahmad and he was booked under section 3/5A/8 of the Cow Slaughter Act. Ahmad moved an application for release of the seized motorcycle during the pendency of the case.

The Fatehpur Superintendent of Police, in a report, said Ahmad was chargesheeted and the motorcycle in question was made a case property and was liable to be confiscated. The District Magistrate too stated in an order that the vehicle was liable to be confiscated.

Ahmad’s lawyer Pradeep Kumar told the High Court 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, the order deserves to be quashed”.

The Additional Government Advocate, who appeared on behalf of the State, justified the DM’s order by stating that in terms of the report, the vehicle in question was used for transportation of beef.

In its order, the 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 High Court said that in the present case the allegation – transportation of beef on a vehicle (motorcycle) within two places 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,” Justice Bhatia said, ordering the DM to release the motorcycle.