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PANKAJ BHATIA
Vaseem Ahmad – Appellant
Versus
State of U. P. – Respondent
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
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....
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....
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 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 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 ....
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