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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22141 of 2026 Tej Prakash .....Petitioner(s)

Versus State Of Uttar Pradesh And 4 Others .....Respondent(s)

Counsel for Petitioner(s) : Ashish Jaiswal, Sushil Kumar Mishra Counsel for Respondent(s) : G.A.

Court No. - 78 HON'BLE SANDEEP JAIN, J.

1. Rejoinder affidavit filed on behalf of the petitioner is taken on record.

2. The instant writ petition under Article 226 of the Constitution of India has been filed for the following reliefs:

"(i) issue suitable writ, order or direction in the nature of certiorari quashing the impugned order dated 21.05.2026 (Annexure No. 1) passed by the Commissioner, Vindhyachal Division, District Mirzapur in Appeal no. 2345 of 2025 (Tej Prakash Vs. District Magistrate Mirzapur and others) under section 5-A (8) of The U.P. Prevention of Cow Slaughter Act, 1955 as well the order dated 22.11.2024 (Annexure No. 2) passed by the District Magistrate Mirzapur in case no. 1425 of 2023.

(ii) issue suitable writ order or direction in the nature of mandamus directing to respondent authorities to release the seized DCM Vehicle No. UP-50-CT-4205 in favor of petitioner."

3. The factual matrix of the case is that the petitioner is the registered owner of a DCM Eicher vehicle bearing Registration No.UP-50-CT-4205, which is used for the transportation of goods. The aforesaid vehicle was allegedly seized by the police personnel of Police Station Vindhyachal, District Mirzapur, on 18.09.2023, while transporting two bullocks, allegedly for the purpose of slaughter, to the State of West Bengal. In this regard, an F.I.R. was registered on 18.09.2023, being Case Crime No.165 of 2023, under Sections 3/5-A/8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 (hereinafter referred to as the 'Act of 1955'), Section 11 of the Prevention of Cruelty to Animals Act, 1960 and Sections 419 and 420 I.P.C. at Police Station Vindhyachal, District Mirzapur.

4. Since the two bullocks were allegedly being transported in the petitioner's vehicle in contravention of the provisions of the Act, 1955, confiscation proceedings in respect of the said vehicle were initiated by the District Magistrate, Mirzapur. However, the petitioner failed to appear in the said proceedings. Upon consideration of the material available on record, the District Magistrate recorded a finding that two bullocks had been found in the petitioner's vehicle, which were being transported in a cruel manner. It was further held that petitioner's vehicle is being used for smuggling animals for illegal gains. Consequently, in exercise of the powers conferred under the Act, 1955, the District Magistrate, Mirzapur, vide order dated 22.11.2024, directed confiscation of the vehicle in favour of the State.

5. The aforesaid order was challenged by the petitioner by filing an appeal before the Commissioner, Vindhyachal Division, Mirzapur, which was also dismissed vide order dated 21.05.2026. The appellate authority recorded a finding that ten cows and their progeny were being illegally transported in the petitioner's vehicle, in contravention of the provisions of the Act, 1955, and consequently affirmed the order passed by the District Magistrate, Mirzapur. Both the aforesaid orders have been impugned in the instant writ petition.

6. Learned counsel for the petitioner submits that only two bullocks were found in the petitioner's vehicle, which was illegally seized by the police personnel of Police Station Vindhyachal, District Mirzapur. He further submits that there is no evidence on record to establish that the aforesaid animals were being transported to the State of West Bengal for the purpose of slaughter. The vehicle of the petitioner has been confiscated merely on the basis of presumptions and conjectures, without there being any cogent evidence to establish the alleged transportation of the animals for slaughter.

7. Learned counsel further submits that there is no evidence to establish