The U.P. Prevention of Cow Slaughter Act, 1955 lacks an appeal mechanism against confiscation orders; however, a September 2024 notification enables challenges through the Divisional Commissioner, thus ensuring legal remedies for affected parties.

JUDGMENT :

Anil Kumar, J.

1. Heard Sri Devottam Pandey, learned counsel for the petitioner and learned AGA for the State.

2. Challenge in this present petition is the confiscation order dated 22.3.2025 passed by the District Magistrate Ballia in Case No. 3080 of 2024 ( State vs. Nitesh Kumar ) under Section 5 (a) of U.P. Prevention of Cow Slaughter Act, 1955, where vehicle No. UP 60 BT 9421 of the petitioner was confiscated.

3. Brief facts of this case is that on basis of an information, the above vehicle of the petitioner was seized by the police personnel and they found that it was carrying certain bovines. It was also suspected that the said vehicle was used for illegal transportation of bovines. Thereafter, an FIR bearing Case Crime No. 249 of 2024, under Section 3 /5(a)/8 of U.P. Prevention of Cow Slaughter Act, 1955. Thereafter, an application before District Magistrate was forwarded with a prayer to confiscate the aforesaid vehicle. Proceeding under Section 5 a(7) under the aforesaid Act was initiated by the District Magistrate. Notice was also issued to present petitioner who after his appearance file his objections. But his objections were not found satisfactory and the impugned order to confiscate the vehicle of the petitioner was passed.

4. Learned counsel for the petitioner has submitted that petitioner is involved in business of selling milk and his vehicle is engaged in the said business for transportation of milk. But certain police personnel continue to harass him as he is unable to gratify their illegal demands. Present proceedings against him were drawn only due to the said vendetta. The petitioner is the owner of the vehicle and he has also filed the registration certificate. Therefore, the impugned order dated 22.3.2025 is illegal and is liable to be quashed and the confiscated vehicle be released in favour of the petitioner.

5. Learned AGA has submitted that U.P. Prevention of Cow Slaughter Act, 1955 does not mention any remedy against confiscation order passed in the Act. In given circumstances, it was held by the co-ordinate Bench of this Court in Criminal Misc. Writ Petition No. 9028 of 2021 ( Mustakeem Begum vs. State of U.P. and Ors. ) that the Act does not provide any forum of appeal or revision against the order of confiscation regarding the seized vehicle passed by the District Magistrate. Thereafter, it was held that in such circumstances, provisions of criminal revision under Section 397 of Cr.P.C., shall be applicable and a criminal revision in the court of Sessions against such order will lie. Though it was mentioned that such orders are revisable before the Sessions court, yet many criminal revisions by this High Court were also entertained. Later on, a notification was issued by Government of Uttar Pradesh on 15.10.2024 wherein it was laid down that if the legality or propriety of the action taken under the Section 5 a of the U.P. Prevention of Cow Slaughter Act, 1955 is to be challenged, the same could be challenged before the Divisional Commissioner. Therefore, present criminal writ against the impugned order is not maintainable.

6. Confronted with the above notification dated 15.10.2024, learned counsel for the petitioner prayed that he may be permitted to file a criminal revision against the impugned order before Divisional Commissioner and it was also prayed that delay occurred under the above circumstances be also condoned.

7. After hearing the counsel for the parties, it becomes apparent that