Court Rules in Favor of Petitioner Mohd. Chand, Directs State to Pay Rs. 2 Lacs for Illegal Seizure
In a significant ruling, the Allahabad High Court has quashed the orders of the District Magistrate, Baghpat, and the Commissioner, Meerut Division, which had resulted in the confiscation of a vehicle owned by petitioner Mohd. Chand under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955. The High Court held that the confiscation was arbitrary, illegal, and unwarranted due to the lack of conclusive evidence proving that the meat transported was indeed beef.
The case, adjudicated by Justice Sandeep Jain, centered around the seizure of a Mahindra Pickup, Registration No. DL-1L-AL1964, allegedly used to transport beef. The vehicle was confiscated on June 16, 2025, and the order was subsequently affirmed by the Commissioner on November 14, 2025. Chand challenged these orders, arguing that the State failed to conclusively prove the meat's origin as beef.
The court noted the mandatory requirement under Sections 5-A(6) and 5-A(7) of the Act for a confirmatory diagnosis by an authorized laboratory to establish the presence of beef. The examination report merely suspected the meat to be of cow origin, without definitive confirmation. As such, the court ruled that the confiscation violated the statutory provisions, thus deeming it arbitrary and illegal.
In addition to quashing the confiscation orders, the court recognized the economic loss suffered by Chand, whose vehicle was a primary source of livelihood. Citing the precedent set in Indibily Creative Private Ltd. v. Government of West Bengal (2020), the court awarded Rs. 2 lacs as compensation for the damages incurred due to the State's arbitrary actions.
The judgment further directed the immediate release of the vehicle to Chand and stipulated that the compensation be paid within seven days. The State was granted the liberty to recover the compensation amount from the responsible officials, respondents in the case.
This ruling underscores the importance of adhering to procedural requirements and safeguarding individual rights against arbitrary State actions.
Bottom Line:
Vehicle cannot be confiscated under Uttar Pradesh Prevention of Cow Slaughter Act, 1955 unless it is conclusively proved that the meat seized is beef.
Statutory provision(s): Uttar Pradesh Prevention of Cow Slaughter Act, 1955 Sections 2(a), 5, 5-A; Constitution of India, 1950 Articles 19(1)(a), 19(1)(g), 14, and 21
Mohd. Chand v. State of U.P., (Allahabad) : Law Finder Doc id # 2890274
