The Allahabad High Court has ruled that the Uttar Pradesh Prevention of Cow Slaughter Act does not ban the transportation of beef. The decision was made by Justice Pankaj Bhatia while considering a criminal revision filed by Vaseem Ahmad. Ahmad had challenged an order from the Fatehpur district magistrate, who confiscated his motorcycle on the grounds that it was used to transport beef.
The district magistrate had received a report from the Fatehpur Superintendent of Police stating that Ahmad’s vehicle was involved in transporting beef. The magistrate further stated that since Ahmad failed to provide sufficient evidence to contradict the claim, the vehicle was subject to confiscation under the anti-cow slaughter law.
However, the Allahabad High Court clarified that the restrictions on transportation mentioned in the Act and the associated rules only apply to the transportation of cow, bull, or bullock within Uttar Pradesh from outside the state. The court noted that there is no provision in the Act that prohibits the transportation of beef. It emphasized that the restriction under section 5A of the cow slaughter Act only applies to the transportation of cow, bull, or bullock from outside the state to within the state. There are no restrictions on transporting beef from outside the state to within the state.
The court stated that in this particular case, the alleged transportation of beef on a motorcycle between two places within the state is neither prohibited nor regulated. Therefore, the confiscation order based on the charge of transportation in violation of the Act is not valid.
The court concluded that the power of confiscation had been exercised without legal authority and based on a misinterpretation of section 5A(7) of the cow slaughter Act. As a result, the confiscation order cannot be upheld and should be quashed.
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