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Allahabad HC Delivers Blow to Presumption-Based Cow Smuggling Raids: No Permit for UP Intra-State Trips, Compensation Ordered
In a significant ruling, the has quashed the confiscation of a commercial vehicle seized in a suspected cow smuggling case, emphasizing that no permit is required to transport bovine animals within Uttar Pradesh. Justice Sandeep Jain directed the UP government to either restore the vehicle or pay substantial compensation, slamming the state's hasty auction during ongoing proceedings as "."
From Border Tip-Off to Legal Firestorm On , police at in Chandauli district intercepted a truck (UP65-JT-0125) owned by Chandrabhan Kumar, following a tip about cows heading to Bihar for slaughter. Ten live bovine animals—six heifers, two cows, one bull, and one bullock—were allegedly found inside. No beef or slaughter evidence surfaced.
An FIR was filed under , and . The , confiscated the vehicle on , presuming interstate smuggling due to its proximity to the Bihar border. The , upheld this on —despite Kumar's revision petition.
Shockingly, while Kumar's appeal pended, authorities auctioned the truck on , for just Rs 85,000, against its Rs 5.2 lakh purchase price (depreciated to ~Rs 4 lakh). This Eicher Pro 2075 truck was Kumar's sole livelihood source, financed via Shriram Finance with monthly EMIs of Rs 9,843.
Kumar challenged via writ petition under , after prior revisions and petitions bounced on jurisdictional grounds.
Petitioner's Stand: Mere Suspicion Isn't Proof Kumar's counsel, , argued the seizure was baseless: no proof of interstate transport or slaughter intent, no beef recovered, and interception occurred inside UP. No permit is needed for intra-state movement, per precedents. The auction mid-proceedings violated , inflicting irreplaceable economic loss.
State's Counter: Circumstantial Presumption Holds countered that border proximity created a "strong presumption" of smuggling to Bihar sans permit. Authorities followed , charging owner/driver unless proven otherwise. Auction was lawful; Kumar failed to disprove smuggling.
Court's Razor-Sharp Dissection of Law and Precedent
Justice Jain dissected : permits apply
only
for transport
"from any place within the State to any place outside."
Citing
Kaliya v. State of UP
(2023 SCC OnLine All 1974) and
Kailash Yadav v. State of U.P.
(2008 (10) ADJ 623), the court reiterated no intra-state permit needed—seizure powers under 5-A(7) trigger only on violations.
and Munib v. State of UP (2024 SCC OnLine All 9631) reinforced: intra-state hauls don't violate the Act; mere border proximity isn't proof. No evidence of cruelty (life-endangering injuries) existed.
Drawing from Supreme Court in Nilabati Behera v. State of Orissa (1993) 2 SCC 746 and Indibily Creative v. Govt. of West Bengal (2020) 12 SCC 436, the bench invoked public law compensation for fundamental rights breaches under . Hasty auction mid-revision was "equally disturbing," causing undue prejudice.
"Suspicion, however strong, cannot substitute legal proof,"
the court noted, collapsing the "
" of proceedings.
Key Observations from the Bench
"…for transportation of cows or its progeny within the State of Uttar Pradesh, no permit is required. In absence of reliable evidence that the animals were being transported outside the State for slaughter, the very of the confiscation proceedings collapses."
"Mere interception of the vehicle near the Bihar border cannot justify such presumption."
"It is equally disturbing that during pendency of proceedings before the Commissioner, the State proceeded to auction the vehicle without awaiting adjudication of the petitioner’s challenge. Such arbitrary action has caused grave prejudice to the petitioner."
"The auctioning of the vehicle during the pendency of proceedings before the Commissioner 'equally disturbing'. The bench remarked that such 'arbitrary' action of selling the vehicle for 'such grossly inadequate consideration' showed 'manifest arbitrariness'."
Relief with Teeth: Restore or Pay Up The writ succeeded: DM and Commissioner's orders quashed . State must pay: - Rs 15,000/month economic loss from Sept 8, 2024, till restoration. - Rs 20,000 for mental agony.
If unrestorable, add Rs 4 lakh depreciated value (with 12-month cap on monthly damages). Payable in 15 days; state can recover from errant officials.
This sets a precedent curbing overzealous enforcements, demanding proof over presumption in cow protection raids, and affirming compensation for state high-handedness—potentially easing intra-state livestock trade while safeguarding genuine protections.
