State directed to pay damages for arbitrary confiscation and auctioning of vehicle under U.P. Prevention of Cow Slaughter Act, 1955
In a landmark judgment delivered on April 30, 2026, the Allahabad High Court has quashed the confiscation of Chandrabhan Kumar's vehicle, which was previously seized under the U.P. Prevention of Cow Slaughter Act, 1955. Justice Sandeep Jain presided over the case, highlighting a serious breach of property rights under the Constitution, specifically Article 300A.
The court deemed the confiscation and subsequent auctioning of Kumar's vehicle illegal due to the lack of evidence proving the transportation of bovine animals outside the state for slaughter purposes. The judgment emphasized that transporting bovine animals within Uttar Pradesh does not require a permit under Section 5-A(1) of the Act, and the mere interception of the vehicle near the border does not justify confiscation.
Additionally, the judgment criticized the state for auctioning the vehicle before the legal proceedings concluded, which violated Kumar's constitutional rights. The vehicle, valued at over Rs.7 lakhs, was auctioned for just Rs.85,000, prompting the court to award Kumar a compensation totaling Rs.2 lakhs for economic loss and mental distress.
Justice Jain underscored the importance of protecting citizens' fundamental rights to livelihood and property, awarding alternative relief for the restoration of the vehicle or its depreciated value of Rs.4 lakhs. The court's decision serves as a reminder of the judiciary's role in safeguarding individual rights against arbitrary state actions.
Bottom line:-
Confiscation of vehicle under Section 5-A of the U.P. Prevention of Cow Slaughter Act, 1955, on the ground of transportation of bovine animals without a permit, is illegal when no evidence exists to prove the animals were being transported outside Uttar Pradesh for slaughter. Arbitrary auctioning of the vehicle during pendency of proceedings violates constitutional rights and warrants compensation to the owner.
Statutory provision(s):
- U.P. Prevention of Cow Slaughter Act, 1955, Sections 5-A(1), 5-A(7), and 5-A(8)
- Constitution of India, Articles 300A, 19(1)(g), and 21
- Article 226 of the Constitution of India
Chandrabhan Kumar v. State of U.P., (Allahabad) : Law Finder Doc id # 2892822
