Back
MOHD. ASLAM
Mohd. Shakib – Appellant
Versus
State of U. P. – Respondent
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
No permit is required to transport cow and its progeny within the state of Uttar Pradesh.
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 U.P. Prevention of Cow Slaughter Act does not provide an appeal mechanism for confiscation orders, directing that recourse must be sought through the Divisional Commissioner per the notification ....
The rightful owner of seized property should be allowed to enjoy the property, and the power under Section 451 of the Criminal Procedure Code should be exercised judiciously and promptly.
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....
Prompt action under Section 451 of Cr.P.C. is necessary to avoid keeping seized property at police stations for a long time, and seized vehicles should be released when ownership is not disputed.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
