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.

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 also indicates that when information was sought with regard to the persons, who were eloped, it was revealed that the said persons would slaughter the animals and will divide the proceeds from sale which is punishable under Sections 3/5/8 of the Cow Slaughter Act read with Section 11 of the Animals Cruelty Act.

3. The petitioner claiming himself to be the owner of the vehicle moved an application for release of the vehicle mainly on the ground that he was neither named in the FIR nor was there any allegation against him on which the District Magistrate proceeded to pass an order dated 05.10.2020 confiscating the vehicle i.e. motorcycle in purported exercise of power under Section 5-A (7) of the Cow Slaughter Act. The said order was challenged by the petitioner by filing a criminal revision before the District Magistrate, Lakhimpur Kheri which was dismissed on the ground that no revision lies against an order passed under Section 5-A(7) of the Cow Slaughter Act.

4. The Counsel for the petitioner argues that the Cow Slaughter Act, 1955 was enacted with a view to prevent the slaughter of cows. Section 2 (a) defines the beef and is as under:

“2(a). “beef” means flesh of cow but does not include such flesh contained in sealed containers and imported as such into Uttar Pradesh.”

5. Section 2(b) defines ‘Cow’ and Section 3 of the Cow Slaughter Act bars any person from slaughtering cow, bull and bullock in any place of Uttar Pradesh.

6. Section 5 of the said Act prohibits the sale of beef and specifically prevents any person from selling or transporting or offering for sale or transport beef or beef products in any form except for medical purposes as may be prescribed.

7. Section 5-A for which we have concern provides for regulation on transport of cow. Section 5-A is quoted herein below:

“5-A. Regulation on transport of cow, etc. -(1) No person shall transport or offer for transport or cause to be transported any cow, or bull or bullock, the slaughter whereof in any place in Uttar Pradesh is punishable under this Act, from any place within the State to any place outside the State, except under a permit issued by an officer authorised by the State Government in this behalf by notified order and except in accordance with the terms and conditions of such permit.

(2) Such officer shall issue the permit on payment of such fee not exceeding [five hundred rupees] for every cow, bull or bullock as may be prescribed:

Provided that no fee shall be chargeable where the permit is for transport of the cow, bull or bullock for a limited period not exceeding six months as may be specified in the permit.

(3) Where the person transporting a cow, bull or bullock on a permit for a limited period does not bring back such cow, bull or bullock into the State within the period specified