Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Chandrabhan Kumar – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
SANDEEP JAIN, J.
1. The instant writ petition has been instituted under Article 226 of the Constitution of India assailing the impugned order dated 27.11.2025 passed by the Commissioner, Varanasi Division, Varanasi in Case No.3546 of 2025, Computerized Case No.C202514000003546 (Chandrabhan Kumar vs. State of U.P.), under Section 5-A(8) of the U.P. Prevention of Cow Slaughter Act, 1955, whereby the order dated 22.03.2025 passed by the District Magistrate, Chandauli in Case No.1253 of 2024, Computerized Case No.D202414180001253 (State vs. Moti Patel and others), under Section 5-A of the Act, 1955, was affirmed. By the said order, vehicle no. UP65-JT-0125 belonging to the petitioner was confiscated on the allegation that it was carrying ten bovine animals for slaughter to the State of Bihar without a permit, which was mandatory under the Act of 1955.
2. The factual matrix, as emerging from the record, is that on 08.09.2024 at about 14:00 hours, the police personnel of Police Station Saiyadraja, District Chandauli, acting upon information supplied by an informer, that certain vehicles were transporting cows and their progeny for slaughter to the State of Bihar, intercepted vehi
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....
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....
No permit is required to transport cow and its progeny within the state of Uttar Pradesh.
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 ....
The rightful owner of seized property should be allowed to enjoy the property, and the power under Section 451 of the Criminal Procedure Code should be exercised judiciously and promptly.
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....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
