No permit is required to transport cow and its progeny within the state of Uttar Pradesh.

JUDGMENT :

1. Heard Shri Mani Shanker Pandey, learned counsel for the applicant, Shri L.D. Rajbhar, learned A.G.A. for the State-opposite party no.1 and perused the record.

2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned order dated 18.08.2021 passed by District Magistrate, Varanasi in Case No. 00054 of 2021 (State vs. Mohammad Shakib), under Section 5A U.P. Cow Slaughter Act, 1955, as well as order dated 13.10.2021 passed by Special Judge (SC/ST Act), Chandauli in Criminal Revision No. 54 of 2021 (Shakib vs. State of U.P.).

3. Brief facts of the case are that applicant is registered owner of vehicle no.UP-70ET/2667 which is duly registered in the Transport Department, U.P, the photostat copy of registration certificate has been annexed as Annexure No.2 to the affidavit. The aforesaid vehicle was insured with Oriental Insurance Company Ltd. for the period of 15.07.2020 to midnight 14.07.2021, photostat copy whereof has been annexed as Annexure No.3 to the affidavit. The aforesaid vehicle was purchased by the applicant with the financial assistance of MAGMA Fincrop Ltd., 11 MG Habibullah Estate, Hazratganj, Lucknow w.e.f. 21.10.2019 which is endorsed in the registration paper of aforesaid vehicle itself. The vehicle is used to run on the road in transport business by the applicant and monthly installment of the financer of Rs.35,000/-is being paid by the applicant. During the course of business on 12.12.2020 the vehicle was caught by the police of police station Sayaidaraja, District Chandauli at about 20:50 P.M. and was seized in favour of government for illegally carrying the transport business of cow without any legal authority and first information report was lodged under Sections 3/5A/8, 5B of Cow Slaughter Act and Section 11 Prevention of Animal Cruelty Act.

4. As per the first information report, it was informed by the informer that the alleged Truck bearing registration No. UP-70ET/2667 is carrying animals for the purpose of cow slaughtering without valid permission and on that information the concerned police caught the aforesaid vehicle and recovered 16 bullocks, whereas, the driver of the vehicle had ran away. Thereafter, the aforesaid vehicle was taken to police station and first information report was lodged on 12.12.2020 at 22:48 hrs. as Case Crime No. 235 of 2020, under Sections 3/5A/8, 5B Cow Slaughter Act and Section 11 Prevention of Cruelty to Animals Act and seized the aforesaid vehicle in favour of government. The aforesaid vehicle is a heavy vehicle and national permit has also been issued by Transport Department, UP, Allahabad and authorized certificate to national permit is also issued, copies whereof have been annexed as Annexure No.4 to the affidavit. The Pollution Under Control Certificate is also issued by Transport Department, UP, Allahabad till 05.01.2021, copy of the same has been annexed as Annexure No.5 to the affidavit. The aforesaid vehicle is in custody of police authority of Police Station Saiyadraja since 12.12.2020. The concerned police informed the applicant at the time of seizing of the Truck that driver of the Truck had ran away from the spot. Thereafter, applicant produced the driver before the court below who was released on bail by the court below. The applicant was granted anticipatory bail by this Court vide order dated 18.03.2021 passed in Criminal Misc. Anticipatory Bail Application No. 1854 of 2021, the copy of the order has been annexed as Annexure No.6 to the affidavit. The applicant had purchased the aforesaid Truck in the year, 2015 and since then there was no complaint regarding carrying of cow or its progeny. Prior two days of the incident, the driver of the aforesaid Truck had gone to carry paddy in district Chandauli without giving information to the applicant, and thereupon, the aforesaid Truck was caught by the police of police station Saiyadraja who informed the applicant about the seizure of Truck. The aforesaid offence