IMPORTANT POINT
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 provisions of the Cr.P.C.

JUDGMENT :

Hon’ble Surendra Singh-I, J.

Heard Sri Akash Mishra, learned counsel for the petitioner and learned A.G.A. for the State-respondents.

2. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India with the following prayer to :

(i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 19.07.2021 passed by District Magistrate, Hathras (respondent no. 2) in Case No. 00440 of 2021 under Section 5A of U.P. Prevention of Cow Slaughter Act, 1955 (Annexure 9 to the writ petition).

(ii) issue a writ, order or direction in the nature of mandamus directing the respondents to release the vehicle (U.P. 86T 5519) of the petitioner, herewith.

(iii) issue any other writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.

(iv) award the cost of the writ petition to the petitioner.

3. The aforesaid Case No. 00440 of 2021 arises out of first information report dated 26.12.2020 registered as Case Crime No. 280 of 2020 u/s 411, 414, 429 I.P.C., Sections 3 and 11(1)(f) of Prevention of Cruelty to Animals Act and Section 3,5A,8 of U.P. Prevention of Cow Slaughter Act, 1955 (hereinafter referred to as the ‘PCSA’), Police Station-Hasayan, District-Hathras.

4. By the impugned order, the District Magistrate, Hathras has confiscated the vehicle Max bearing registration no. U.P. 86T 5519 involved in the aforesaid case crime number.

5. It has been argued by learned counsel for the petitioner that the impugned order dated 19.07.2021 passed by the District Magistrate, Hathras is illegal, bad in the eyes of law and against the provisions of law which deserves to be set-aside by this Court. It has next been submitted that a false case based on concocted evidence has been registered as Case Crime No. 280 of 2020 against the petitioner and her husband Mohammed Shakir showing the alleged occurrence of transporting and selling of beef on 26.12.2020 at 09.15 p.m. It has also been submitted that the District Magistrate is not authorized to confiscate or auction any vehicle alleged to have been involved in a criminal case under the PCSA. It has also been submitted that the petitioner had filed an application before the Judicial Magistrate, Hathras for release of the vehicle. The Magistrate illegally rejected the application vide order dated 26.08.2021 on the ground that since confiscation proceedings against the vehicle is pending before District Magistrate, Hathras, he has no jurisdiction to release the vehicle. It has further been submitted that since there is no provision for appeal or revision against the order passed under PCSA and therefore, this writ petition is being filed.

6. Learned counsel for the petitioner has relied on following judgements of the Apex Court and this Court in support of his arguments :-

(i) Sunderbhai Ambalal Desai Vs. State of Gujarat, AIR 2003 SC 638

(ii) Yas Mohammad Vs. State of U.P. and Another, Application U/S 482 No. 12300 of 2021 decided on 02.09.2021

7. Per contra, learned A.G.A. for the State has opposed the petition and has submitted that the District Magistrate, Hathras has rightly passed the impugned order dated 19.07.2021 u/s 5A of PCSA for which he is authorized by the Act. It has next been submitted that in the present case, a F.I.R. has been registered against unknown driver of vehicle no. U.P. 86T 5519 in Case Crime No. 279 of 2020 u/s 279, 427 I.P.C., P.S.-Hasayan , District-Hathras in which the name of the husband of the petitioner, Mohd. Shakir came into light who was driving the said vehicle on which beef was loaded and in this connection, another F.I.R. as Case Crime No. 280 of 2020 u/s 411, 414, 429 I.P.C., Sections 3 and 11(1)(f) of Prevention of Cruelty to Animals Act was registered. The police arrested Mohd. Shakir and Salman from the spot and recovery of beef has been made from the aforesaid vehicle. The petitioner, Smt. Mustakeem Begum is owner of the said vehicle. The recovered b