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ANJANI KUMAR MISHRA, VIVEK KUMAR SINGH
Rajesh Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner and learned AGA for the State.
2. The instant writ petition seeks the following relief:-
3. A Pick-up, bearing registration number UP65JT6230 which is stated to be registered in the name of the petitioner, was seized as it was found transporting cows. Proceedings under Section 5A(7) of the U.P. Prevention of Cow Slaughter Act, 1955 were drawn based on the reports of the Superintendent of Police and Deputy Inspector dated 05.11.2022 and 04.11.2022. After hearing the parties, the vehicle was confiscated in favour of the State. The SHO Chandauli has been authorized to auction the vehicle and to deposit the sale proceeds in the relevant account, vide order dated 03.02.2023, passe
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 ....
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....
No permit is required to transport cow and its progeny within the state of Uttar Pradesh.
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 ....
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.
The U.P. Prevention of Cow Slaughter Act, 1955 lacks an appeal mechanism against confiscation orders; however, a September 2024 notification enables challenges through the Divisional Commissioner, th....
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....
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....
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