The flesh of bulls or bullocks certified fit for slaughter under Section 3 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, is not considered "beef" or "beef-product" under Section 5, and thus, no license is required for its transport.

Heard Shri Amar Saran, the learned counsel appearing for the petitioner, and Shri Vinay Malviya, the learned Standing Counsel of the State of U. P. representing the respondents.

2. The petitioner asserts that he belongs to the backward community of quareshis and carries on the business of transport of the flesh of old and unservice able bulls and bullocks that are eligible for slaughter under the provisions of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, hereinafter called the "act", from District Etawah to other places like Delhi and Bombay.

3. Further assertion of the petitioner is that he also purchases the flesh of those buffaloes and of old and unserviceable bul locks, which are over 15 years in age, or permanently unfit and unserviceable for the purpose of draught or any kind of agricultural operation and in respect of which the concerned butchers who are licensed to slaughter the animals at public slaughter houses, and have actually slaughtered the animals after obtaining certificate in Form "b", prescribed under the Uttar Pradesh Govadh Nivaran Niyamavali, 1964, hereinafter called the "rules", made under the Act, from the respondent No. 3, namely, the Pashu Chikitsa Adhikari, the competent authority designated under Section 2 (cc), as envisaged in Section 3, of the Act.

4. The grievance of the petitioner is that whenever he tries to transport the aforesaid meat to outside places like Delhi or Bombay from where the meat is ex ported, the authorities illegally insist and demand production of a licence for transport of the flesh in question. Hence, this petition.

5. The learned counsel of the petitioner contends that for carrying on the business of the petitioner, as stated in the petition, no licence is required, and, therefore, the insistence of the authorities for obtaining licence by the petitioner for the kind of the business which he is carry ing on is wholly illegal.

6. As long back as on 14th August, 1992 the respondents were granted three weeks time for filing counter-affidavit. But, despite the lapse of an interminable period of more than seven years the respondents have not cared to file any counter-affidavit. Therefore, the Court is left with no choice except to conclude that the averments of the petitioner made in the petition are prima facie correct.

7. Section 5, of the Act provides that except as therein excepted and not withstanding anything contained in any other law for the time being in force, no person shall sell or transport or offer for sale or transport or cause to be sold or transported beef or beef-products in any form except for such medicinal purposes as may be prescribed. Exception conceived of in the section is that a person may sell and serve or cause to be sold and served beef or beef-products for consumption by a bona fide passenger in an air-craft or railway train.

8. Therefore, the question that arises for consideration is whether the flesh of a bull or bullock which is over the age of 15 years, or in case of a bull, which has become permanently unfit and unserviceable for the purpose 01 oreeding and, in the case of bullock, which has become permanently unfit and unserviceable for the purpose of draught or any kind of agricultural opera tion, and has been so certified by the com petent authority, and has been actually slaughtered after obtaining the requisite certificate under the Act and the Rules, is covered by the expression "beef or "beef-product" as contemplated by Section 5 of the Act.

9. Clause (a) of Section 2, defines beef to mean flesh of cow and of such bull or bullock, whose slaughter is prohibited under the Act, but does not include such flesh contained in sealed containers and imported as such into Uttar Pradesh.

10. The prohibition regarding slaughter of a cow, or a bull or bullock is contained in Section 3, of the Act. Section 3 says that, except as provided, no person shall slaughter or cause to be slaughtered, or offer or cause to be offered