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KARUNESH SINGH PAWAR
Kaliya – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Deptt. Of Home Lko – Respondent
JUDGMENT :
1. The petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari quashing order dated 14.3.2023 passed by District Magistrate, Hardoi whereby the petitioner's vehicle UP16H/9922 has been confiscated and the order dated 15.6.2023, passed by the Commissioner, Lucknow Mandal, Lucknow by which the appeal filed by him against the order dated 14.3.2023 (Supra) has been rejected.
A further prayer for release of the said vehicle has also been made.
2. Heard Mr. Farhan Alam Osmany, learned counsel for the petitioner and Mr. Alok Tiwari, learned A.G.A. for the State.
3. The facts relevant for disposal of the case are that a first information report No.508 of 2022 under sections 3, 5 and 8 of U.P. Prevention of Cow Slaughter Act, 1955 (in short, Act) was registered on 2.11.2022 at police station Kachhauna, district Hardoi against named accused persons stating that seven persons were caught red handed while carrying cow and its progeny. Certain incriminating articles such as two motorcycles, two 12 bore pistols, mobile phones etc were also recovered from the named accused persons. DCM truck No.UP16H9922 is registered in the
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 court emphasized the applicability of the specific provisions of the Acts in justifying the confiscation of the vehicle and highlighted the limited scope of revisional jurisdiction in challenging....
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 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....
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 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 ....
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