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PANKAJ BHATIA
Arsad – Appellant
Versus
State Of U. P. Thru. Secy. Home – Respondent
JUDGMENT :
1. The present writ petition has been filed challenging the order dated 05.10.2020 as well as the order dated 09.03.2021 passed in revision whereby the revision filed by the petitioner challenging the order dated 05.10.2020 has been dismissed.
2. The facts in brief are that on 17.06.2020, an FIR was lodged as Case Crime No.417 of 2020, under Section 3/5/8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 (in short ‘the Cow Slaughter Act’) as well as under Section 11 of the Prevention of Cruelty to Animals Act, 1960. The FIR in question (Annexure-3 to the writ petition) indicates that an information was received that five persons named in the FIR (does not include the name of the petitioner) were taking a Cow towards Gomti river with a view to slaughter it. Out of the said five persons, two were carrying weapons for the purpose of slaughter. On the basis of the said information, a raid was conducted and the information was found to be correct. On challenge to the said five persons, they run away and from the site, the weapons were recovered and a motorcycle U.P. 31 BH 4280 bearing Chassis No.MBLJAW062K9E07926 and Engine No.JA06EHK9E08120 was also recovered. The FIR
Point of Law : In term of mandate of Article 300-A of the Constitution of India any person can be deprived of his property only by and under the procedure established by law.
Confiscation of property under the Cow Slaughter Act can only be done in violation of the Act and relevant rules. The absence of prohibition or regulation on the transport of beef within the state re....
The central legal point established in the judgment is that no permit is required for transportation of cows and its progeny within the State of U.P. under Section 5-A of the U.P. Prevention of Cow S....
The court affirmed that special provisions under the U.P. Prevention of Cow Slaughter Act, 1955, regarding confiscation of vehicles used for illegal transport of beef, take precedence over general pr....
No permit is required to transport cow and its progeny within the state of Uttar Pradesh.
The introduction of Section 5B of the U.P. Prevention of Cow Slaughter Act, 1955, and its implications on the legality of proceedings initiated against the owner of a vehicle used for the transportat....
The main legal point established in the judgment is that the order for confiscation of the vehicle under the U.P. Prevention of Cow Slaughter Act, 1955 was revisable under Section 397 of the Code of ....
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