The Allahabad HC Thursday said that a person would not require a permit to transport cows within the state as it does not violate any provision of the Uttar Pradesh Cow Slaughter Act.
The bench of Justice Mohd Aslam set aside an order passed by the Varanasi district magistrate to seize a vehicle on the allegation that the same was carrying animals for the purpose of cow slaughter without valid permission.
The court was hearing a plea filed by Mohd Shakib whose truck was caught by the police and seized on December 12, 2020. on the grounds of illegally carrying the transport business of cows without any legal authority. An FIR was lodged under Sections 3/5A/8, 5B of the Cow Slaughter Act and Section 11 Prevention of Animal Cruelty Act.
According to the FIR, authorities received information from an informant that the alleged truck with registration number UP-70ET/2667 is transporting animals for the purpose of cow slaughtering without a valid permit. Based on this information, the police apprehended the aforementioned vehicle and recovered 16 bullocks, while the driver of the vehicle fled.
Mohd Shakib petitioned the Varanasi district magistrate for the release of the truck in question, which was denied. Following that, he filed a criminal revision before the District and Sessions Judge, Chandauli, which was also rejected. The aforesaid revision was transferred to the court of Special Judge (SC/ST Act), Chandauli and the revisional court also rejected the revision vide order dated October 13, 2021. As a result, Mohd Shakib petitioned the Allahabad High Court, challenging both the DM’s and the revisional court’s orders.
Meanwhile, the Allahabad HC, taking into account, an earlier high court order in the case of Kailash Yadav and Others vs. State of UP & others, 2008(10) ADJ 623, wherein it was held that no permit is required for transportation of cow or its progeny within Uttar Pradesh, set aside the Varanasi district magistrate ruling and observed that transportation of cows within the state is not a violation of any of the provisions of the UP Cow Slaughter Act.
Transportation of the skin of cows doesn’t amount to contravention of ‘UP Cow Slaughter Act’: Allahabad HC
Notably, only 4 days ago on August 22, Justice Mohd Aslam of the Allahabad High Court ruled that transporting the skin leather of cows does not violate the provisions of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, and thus the Magistrate has the authority under sections 451 or 457 CrPC to release a vehicle in which allegedly skin leather of a cow or its progeny was transported.
The Court had added that in such matters the District Magistrate/Commissioner of Police has no jurisdiction to issue an order for the confiscation of such a vehicle in the event of seizure of the transport medium by a law enforcement officer.
Uttar Pradesh govt approves ordinance against cow slaughter, illegal transportation to be penalised
It may be recalled that in the year 2020, the Yogi Adityanath-led Uttar Pradesh government cleared an ordinance aimed at protecting the cow and preventing crimes related to cow slaughter. The proposed amendment included a penal provision of imprisonment ranging from one year to ten years for physical damage to the cow and a fine from Rs one lakh to Rs three lakh in cases related to cow slaughter. The UP government will bring amendments to the Cow Slaughter Act, 1955.
The ordinance aimed at making the existing law (Uttar Pradesh Prevention of Cow Slaughter Act, 1955) more robust and effective and completely stop the incidents pertaining to cow slaughter, the statement said.
Under section 5 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, the driver, operator and the owner of the vehicle shall be charged for the illegal transportation of bovine animals. The new Act would punish if there is a danger to their lives through physical damage or mutilation.
