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ANJANI KUMAR MISHRA, VIVEK KUMAR SINGH
Arvind 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 UP61AT9481 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 Sub Inspector dated 16.03.2022. After hearing the parties, the vehicle was confiscated in favour of the State. The vehicle has been directed to be auctioned after its valuation has been duly ascertained.
4. The petitioner is aggrieved by this order dated 11.05.2022 and, therefore, this instant petition.
5. The contention of learned AGA is that the writ petition is not maintainable and that the order impugned is, revisable.
6. For considering the issue raised, it would be relevant to refer Section 5A of the Act which deals with regulation of transport of cows etc. The relevant Section is Sub-
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....
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 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....
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 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 ....
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.
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