The requirement for a permit for the transportation of bovine animals under the applicable statutes applies exclusively to interstate movement for the purpose of slaughter. Transportation within the state does not require such a permit; therefore, confiscation of a vehicle for intrastate transport lacking such permit is illegal.

JUDGMENT :

Sandeep Jain, J.

1. The instant writ petition has been filed under Article 226 of the Constitution of India, assailing the order dated 14.08.2025 passed by the District Magistrate, Ghazipur in Case No. 222 of 2025 (State of U.P. vs. Lav Kush Kumar Shukla) under Section 5-A of the U.P. Prevention of Cow Slaughter Act, 1955, as well as the appellate order dated 27.11.2025 passed by the Commissioner, Varanasi Division, Varanasi in Case No. 3361 of 2025 (Lav Kush Shukla vs. State of U.P. & others), whereby the Bolero Pick-Up vehicle bearing registration No. UP-70-JT-9507 has been confiscated in favour of the State on the allegation of illegal transportation of four cows for slaughtering.

2. The factual matrix, as borne out from the record, is that the petitioner’s aforesaid vehicle was intercepted on 03.06.2024 at about 13:10 hours on the basis of an alleged tip-off while carrying four cow animals. The prosecution case is that the cows were being transported for slaughter to the State of Bihar, which is impermissible under the Act, 1955, and accordingly, the vehicle was seized and subsequently confiscated by the District Magistrate by order dated 14.08.2025, which has been affirmed in appeal.

3. Learned counsel for the petitioner submits that neither any beef nor any dead animal was recovered from the vehicle. It is further contended that the transportation, if any, was within the State of Uttar Pradesh, which is not prohibited under the provisions of the Act, 1955 or the Rules framed thereunder. It is urged that the impugned action is wholly arbitrary, without jurisdiction, and has resulted in deprivation of the petitioner’s right to livelihood guaranteed under Article 21 of the Constitution of India. It is further submitted that the petitioner has suffered pecuniary loss due to illegal seizure and continued detention of the vehicle and is, therefore, entitled to compensation.

4. Per contra, learned AGA submits that the petitioner failed to produce a valid permit at the time of interception, thereby violating the provisions of the Act, 1955. It is further contended that the animals were being transported for slaughter to the State of Bihar, and thus the confiscation is justified. The impugned orders have been supported as lawful.

5. I have heard learned counsel for the parties and perused the record, including the impugned orders.

6. According to the office report, there is a delay of 43 days in filing this writ petition. In the facts and circumstances of the case, the delay is condoned.

7. For proper adjudication, it is apposite to refer to the relevant statutory provisions.

8. Section 5-A of The U.P. Prevention of Cow Slaughter Act, 1955, reads as under:

"5A.Regulation on transport of cow, etc.-(1) No person shall transport or offer for transport or cause to be transported any cow, or bull or bullock, the slaughter whereof in any place in Uttar Pradesh is punishable under this Act from any place within the State to any place outside the State, except under a permit issued by an officer authorized by the State Government in this behalf by notified order and except in accordance with the terms and conditions of such permit.

(2) Such officer shall issue the permit on payment of such fee not exceeding [five hundred