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Vehicle seized for ‘transporting beef’, Allahabad HC orders govt to pay man Rs 2 lakh. Here’s why

The court said there was no conclusive report about the meat being that of a cow or its progeny.

Allahabad High Court, UP Prevention of Cow Slaughter ActAllahabad court observed that as per the Act prohibiting cow slaughter, a report from an authorised laboratory confirming the meat is mandatory for initiating proceedings under this law. (File Photo)

The Allahabad High Court has ordered the Uttar Pradesh government to pay Rs 2 lakh as damages to a man whose vehicle was seized in 2024 on charges of allegedly ‘transporting beef’ while there was no conclusive report about the meat being that of a cow or its progeny.

The money is to be paid in 7 days, it further said, “for economic loss/deprivation caused to the petitioner and to compensate for the arbitrary action of the State”.

In its order dated April 27, a single bench of Justice Sandeep Jain stated, “The petitioner, Mohammad Chand, filed a writ petition challenging the Baghpat District Magistrate’s order… for seizure of [his] Mahindra pick-up vehicle [based on] a case lodged against him under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, for transporting beef of five cows in this vehicle. The Divisional Commissioner, too, endorsed the DM’s order and dismissed Chand’s appeal on November 14 same year. The petitioner had challenged the Commissioner’s order as well.”

A look at the case

According to the petition, the Baghpat Police had lodged an FIR against Chand and one Saddam on October 18, 2024, claiming they recovered the meat from Chand’s vehicle during a checking drive the same day.

Police claimed they arrested the persons travelling in the vehicle after a brief shootout. The case had been lodged under BNS section 109 (attempt to murder for firing at police team) and sections of the cow slaughter Act and Arms Act over recovery of firearms.

Chand’s counsel submitted that as per the veterinary doctor’s report, no conclusive opinion was expressed regarding the origin of the meat recovered. He argued that the burden lies on the prosecution to prove the alleged meat seized from the vehicle was cow meat and until this was proved beyond doubt, Chand’s vehicle cannot be confiscated by the State.

The Additional Government Advocate submitted that the meat examination report stated that the seized meat was suspected to be of a cow or its progeny. He, however, admitted there was no documentary evidence on record to conclusively prove it.

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Court observations

The court observed that the meat was examined at the Veterinary Hospital, Baghpat, but the examiner was not confident about its origin. For this reason, the bench observed, he requested a confirmatory diagnosis of meat samples but this report is not available on record.

As per the Act prohibiting cow slaughter, a report from an authorised laboratory confirming the meat is mandatory for initiating proceedings under this law, observed the court.

It added, “It is evident that the examiner was not confident whether the seized meat was beef or not, as such, without conclusively proving that the seized meat was beef, the vehicle of the petitioner could not have been confiscated in the case.”

“The authorities… without examining this issue, have proceeded to confiscate the vehicle of the petitioner, which is arbitrary, illegal and unwarranted under provisions of the Act…,” the court stated in its order.

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The court further stated, “It is apparent that due to illegal and arbitrary action of the functionaries of the State, the petitioner has suffered serious economic loss because the vehicle was a transport vehicle, which was the source of [his] livelihood…”

“A period of more than 18 months has elapsed since then. In the facts and circumstances of this case, for the economic loss/deprivation caused to the petitioner and to compensate for the arbitrary action of the State, it would be appropriate to award damages of Rs 2 lakh to the petitioner,” the bench added in the order.

The court ordered that the DM’s and the Commissioner’s orders are quashed.

The government can recover the amount from the Divisional Commissioner, Meerut division; District Magistrate; and the SHO of Khakherha police station of Baghpat, the order stated. The bench also directed that the petitioner’s vehicle be released within three days.

Bhupendra Pandey is the Resident Editor of the Lucknow edition of The Indian Express. With decades of experience in the heart of Uttar Pradesh’s journalistic landscape, he oversees the bureau’s coverage of India’s most politically significant state. His expertise lies in navigating the complex intersections of state governance, legislative policy, and grassroots social movements. From tracking high-stakes assembly elections to analyzing administrative shifts in the Hindi heartland, Bhupendra’s reportage provides a definitive lens on the region's evolution. Authoritativeness He leads a team of seasoned reporters and investigators, ensuring that The Indian Express’ signature "Journalism of Courage" is reflected in every regional story. His leadership is central to the Lucknow bureau’s reputation for breaking stories that hold the powerful to account, making him a trusted figure for policy analysts, political scholars, and the general public seeking to understand the nuances of UP’s complex landscape. Trustworthiness & Accountability Under his stewardship, the Lucknow edition adheres to the strictest standards of factual verification and non-partisan reporting. He serves as a bridge between the local populace and the national discourse, ensuring that regional issues are elevated with accuracy and context. By prioritizing primary-source reporting and on-the-ground verification, he upholds the trust that readers have placed in the Express brand for nearly a century. ... Read More

 

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