Criminal revision challenging confiscation of a pickup vehicle used in a cow slaughter case. The High Court allowed the revision, set aside the conviction order, and directed release of the vehicle due to lack of evidence.
Release of the revisionist's pickup vehicle (UP72/AT7413) forthwith.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:213000
Court No. - 79
Case :- CRIMINAL REVISION No. - 1906 of 2023 Revisionist :- Chandan Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Narendra Deo Shukla,Vivek Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
vehicle. Lastly, it is submitted that the vehicle of the revisionist was never used for transportation of animals and it has wrongly been mentioned in the objection filed by local counsel of revisionist before the District Magistrate that two cows were transported to Bihar. The revisionist has filed supplementary affidavit denying this fact and it has specifically stated in paras 4 and 5 that the vehicle was not carrying cows at the time of seizer but without there being any instruction, this fact has wrongly been mentioned by his counsel in the objection filed on behalf of revisionist. The copy of supplementary affidavit was served to Government Advocate on 13.10.2023 but no supplementary counter affidavit has been filed by learned A.G.A. to rebut the facts mentioned in paras 4 and 5 of supplementary affidavit.
"2(d)- 'slaughter' means killing by any method whatsoever and includes maiming and inflicting of physical injury which in the ordinary course will cause death;"
"3. No person shall slaughter or cause to be slaughtered, or offer or cause to be offered for slaughter, a cow, bull or bullock in any place in Uttar Pradesh, anything contained in any other law for the time being in force or any usage or custom, to the contrary notwithstanding."
"5-A(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 in punishable under this Act, from any place within the State to any place outside the State, except under a permit issued by an officer authorised 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 rupees] for every cow, bull or bullock as may be prescribed:
Provided that no fee shall be chargeable where the permit is for transport of the cow, bull or bullock for a limited period not exceeding six months as may be specified in the permit.
(3) Where the person transporting a cow, bull or bullock on a permit for a limited period does not bring back such cow, bull or bullock into the State within the period specified in the permit, he shall be deemed to have contravened the provision of subsection (1).
(4) The form of permit, the form of application, therefore, and the procedure for disposal of such application shall be such as may be prescribed.
(5) The State Government or any officer authorised by it in this behalf by general or special notified order, may, at any time, for the purpose of satisfying itself, or himself, as to the legality or propriety of the action taken under this section, called for and examine the record of any case and pass such orders thereon as it or he may deemed fit.
[(6) Where the said conveyance has been confirmed to be related to beef by the competent authority or authorised laboratory under this Act, the driver, operator and owner related to transport, shall be charged with the offence under this Act, unless it is not proved that the transport medium used in crime, despite all its precautions and without its knowledge, has been used by some other person for causing the offence.
(7) The vehicle by which the beef or cow and its progeny is transported in violation of the provisions of this Act and the relevant rules, shall be confiscated and seized by the law enforcement officers. The concerned District Magistrate/Commissioner of Police will do all proceedings of confiscation and release, as the case may be.
(8) The cow and its progeny or the beef transported by the seized vehicle shall also be confiscated and seized by the law enforcement officers. The concerned District Magistrate/Commissioner will do all proceedings of the confiscation and release, as the case may be.
(9) The expenditure on the maintenance of the seized cows and its progeny shall be recovered from the accused for a period of one year or till the release of the cow and its progeny in favour of the owner thereof whichever is earlier.
(10) Where a person is prosecuted for committing, abetting, or attempting to an offence under Sections 3, 5 and 8 of this Act and the beef or cow-remains in the possession of accused has been proved by the prosecution and transported things are confirmed to be beef by the competent authority or authorised laboratory, then the court shall presume that such person has committed such offence or attempt or abetment of such offence, as the case may be, unless the contrary is proved.
(11) Where the provisions of this Act or the related rules in context of search, acquisition, disposal and seizure are silent, the relevant provisions of the Code of Criminal Procedure, 1973 shall be effective thereto.]"
"17. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles."
Order Date :- 27.10.2023 Kpy
Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad
2 issues framed by the court
Whether confiscation of the revisionist's vehicle was justified without proof of transport for slaughter outside the state.
Whether evidence existed to contravene Sections 3 or 5(A) of the Cow Slaughter Act.
Colour shows how this judgement treated each authority
Kailash Yadav and other Vs. State of U.P. and anotherDistinguished¶31
2009(64) ACC 6
Sunderbhai Ambalal Desai Vs. State of GujaratExplained¶32
AIR 2003 Supreme Court 638 · Who else cites this
2 provisions across 1 enactments
Chandan Singh
State Of U.P.
Vipin Chandra Dixit
As recorded by the court registry
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