In an affirmation of personal property rights against administrative seizure, the Allahabad High Court has ordered the release of a heavy goods vehicle, which had languished in a police yard under the shadow of the Uttar Pradesh Prevention of Cow Slaughter Act.
Justice Vivek Kumar Singh, presiding over the matter, delivered a pointed rebuke to the prosecution’s overreach; he observed that the mere transit of cattle within state boundaries does not constitute a criminal act, provided there is an absence of evidence suggesting intended slaughter.
The petitioner’s ordeal commenced in March 2024 when his driver was intercepted and the truck confiscated.
The petitioner, whose vehicle had been seized after it was allegedly found carrying cows, contended that the prolonged detention of the truck had not only deprived him of his livelihood but had also led to its physical deterioration, while arguing that continued exposure to the elements within police premises would inevitably reduce the vehicle to unusable scrap.
Although the prosecution invoked the stringent Section 5-A(7) of the 2020 Amendment, which permits the seizure of vehicles involved in the illegal transport of beef or progeny, the court remained unmoved by these assertions because no beef was recovered from the site, nor was any evidence produced to suggest the animals were destined for an illicit end.
Dismissing the state’s procedural objections regarding the maintainability of the writ, the court asserted its authority under Article 226 of the Constitution, ruling that an alternative remedy cannot act as a barrier to justice when fundamental rights are at stake.
The Bench reiterated the judicial principle that keeping seized property in custodial limbo serves no public utility; instead, it directed that the truck be returned upon the execution of a personal bond and sureties.
While the owner must ensure the vehicle is neither sold nor altered during the ongoing proceedings, the verdict stands as a stern reminder: the law must distinguish between the legitimate movement of livestock and the specific, prohibited acts of smuggling for slaughter.