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SAURABH SHYAM SHAMSHERY
Mohd Yasir – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SAURABH SHYAM SHAMSHERY, J.
1. The applicant is an owner of a truck which was involved in carrying cow progeny and was intercepted and accordingly, a case was registered being Case Crime No. 180 of 2020 under Sections 419, 420, 467, 468, 471 I.P.C. and 3/5-A/5-B/8 of U.P. Prevention of Cow Slaughter Act, 1955.
2. During investigation, it was found that owner of confiscated vehicle was the applicant and accordingly, proceedings were initiated against him under Section 5A read with Section 5B of Act of 1955. In these circumstances, the applicant has approached the Court of District Magistrate to release the truck.
3. The said truck was on road with a fake registration number plate i.e. UP-70-FT-5844, however, the actual registration number of vehicle was UP-70-FT-7707 owned by applicant. The application for release of truck was dismissed by District Magistrate, Chandauli by impugned order dated 18.11.2021 on the ground that the vehicle owner was failed to take reasonable steps to avoid illegal use of his vehicle.
4. Sri Ashok Kumar Yadav, learned counsel for applicant submits that he is the owner of vehicle and the driver of vehicle has misused his permission and he was not dir
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 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....
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.
No permit is required to transport cow and its progeny within the state of Uttar Pradesh.
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 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....
Illegal transportation of cow progenies – Offending vehicle can be released after conviction of accused-owner of offending vehicle.
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