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 renders confiscation without authority of law.

JUDGMENT :

PANKAJ BHATIA, J.

1. The present revision has been filed challenging the order dated 12.12.2022, whereby, the motorcycle of the revisionist bearing No. UP-71-AQ-4187 has been confiscated in exercise of powers under section 5A(7) of the UP Prevention of Cow Slaughter Act, 1955 (hereinafter referred to as the Cow Slaughter Act).

2. The facts in brief are, that an FIR was registered as Case Crime No. 0042 of 2021 under Section 8/5/3 of the Cow Slaughter Act in terms of the FIR which is contained as Annexure No. 1. It was alleged that four persons who were on two motorcycles were apprehended on being challenged, the said persons fled leaving behind the motorcycles and on the inspection of the motorcycle and the bags kept thereupon, one quintal 200 grams of beef was allegedly recovered from the bags. Subsequently, the ownership of the motorcycle was traced to the revisionist and based upon the said, the revisionist was charged of commission of an offence under Section 3/5A/8 of the Cow Slaughter Act.

3. The revisionist claiming to be the owner of the seized motorcycle, moved an application for release of the vehicle during the pendency of the case vide application dated 6.4.2021 on which a report was called. The Superintendent of Police, Fatehpur submitted his report dated 18.10.2022 stating that the revisionist was chargesheeted for commission of an offence under Section 3/5A/8 of the Cow Slaughter Act and as he was transporting the beef on the motorcycle in question, the motorcycle in question was made a case property and is liable to be confiscated.

4. The District Magistrate empowered by virtue of section 5A(7), proceeded to pass an order of confiscation (impugned ), recording that in terms of the report dated 18.10.2022 given by the Superintendent of Police, Fatehpur regarding involvement of the vehicle in question in transportation of beef for which an offence was registered under Section 3/5A/8 of the Cow Slaughter Act, and as the revisionist could not produce any credible evidence to the contrary to the effect that the vehicle was not used for transportation as such, the same was liable for confiscation under section 5A(7) of the Cow Slaughter Act.

5. Counsel for the revisionist argues that the confiscation is contrary to the mandate of the Act and also violates the rights enshrined under Article 300(A) of the Constitution of India as the confiscation is not a proper exercise of power, the order deserves to be quashed.

6. The learned A.G.A. on the other hand, justifies the order by arguing that in terms of the report, the vehicle in question was used for transportation of beef as is clear from the perusal of the FIR which itself records that the beef was being transported from Ajua to be sold at Afoi (both within the State of Uttar Pradesh), as such the power of confiscation was rightly exercised by the District Magistrate, who is duly empowered to do so.

7. To appreciate the issue at hand, it is essential to look into the provisions of the Cow Slaughter Act. Section 2(a) of the Cow Slaughter Act defines beef. Section 2a of the Cow Slaughter Act is being reproduced herein-under:

2....

(a) “beef” means flesh of cow but does not include such flesh contained in sealed containers and imported as such into Uttar Pradesh.

8. Section 3 of the said Act restrains the slaughter of cow, bull or bullock in any place in Uttar Pradesh. Section 5A(1) of the Act provides that no person shall transport or offer for transporting or cause to be transported any cow or bull or Bullock, the slaughter whereof is punishable under the Act from any place within the State to any place outside the State except on a permit issued by the State Government. Section 5A(7) of the Act states that the vehicle by which the beef or cow and its progeny is transported in violation of the provisions of this Act and the relevant rules shall be confiscated and seized by the law enforcement officers and the District Magistrate/Commissioner of Police is empowered to t