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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Lav Kush Kumar Shukla – Appellant
Versus
State Of U.P. – Respondent
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 affi
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 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....
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.
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....
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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