Court says owner’s presence in vehicle and forensic confirmation of beef triggered statutory presumption under Uttar Pradesh Cow Slaughter Act; writ petition dismissed.
The Allahabad High Court has upheld the confiscation of a Bajaj auto vehicle allegedly used to transport 80 kilograms of beef in violation of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955.
Justice Sandeep Jain dismissed a writ petition filed by Mohammad Jalaluddin, the registered owner of the vehicle bearing number UP-53-LT-1687, challenging orders passed by the District Magistrate, Santkabir Nagar, and the revisional authority. The court found no illegality in the confiscation proceedings and affirmed the authorities’ decisions.
According to the case, police intercepted the vehicle on 29 March 2025 at the instance of an informer and found four plastic sacks containing meat. The sacks were weighed and found to contain about 20 kilograms each, totaling 80 kilograms. The recovered samples were sent to the forensic science laboratory, which confirmed that the meat was beef. A knife was also recovered from the persons present in the vehicle.
The petitioner argued that the vehicle had been hired by passengers and that he had no knowledge of the alleged transportation of beef. He claimed that he was not involved in any illegal activity and that the vehicle had been wrongly seized. He further contended that confiscation was not justified in the absence of proof of mens rea or collusion.
The State, however, submitted that the petitioner himself was present in the vehicle at the time of seizure and that the laboratory report conclusively established that beef was being transported. The State argued that under Section 5-A(10) of the Act, a statutory presumption arises once the prosecution proves possession of beef and the forensic report confirms the substance, unless the contrary is proved.
The Court examined Sections 3, 5, 5-A(6), 5-A(7), and 5-A(10) of the Act and held that the law imposes a strict prohibition on slaughter of cows, bulls, and bullocks, and on the sale or transport of beef except in limited prescribed circumstances. It noted that where beef is confirmed by an authorized laboratory and is found in a vehicle, the driver, operator, and owner can be proceeded against unless they prove that the vehicle was used without their knowledge despite due precautions.
Justice Jain observed that the petitioner had failed to produce any evidence to show that he was unaware of the transportation or that the vehicle had been misused by others without his knowledge. The court also noted that the petitioner could have examined the other persons allegedly travelling in the vehicle, but did not do so. Since the petitioner was present in the vehicle and the beef was confirmed by forensic analysis, the statutory presumption under Section 5-A(10) applied and remained unrebutted.
Bottom Line :
Uttar Pradesh Prevention of Cow Slaughter Act, 1955 - Vehicle used for transportation of beef in contravention of the Act is liable to confiscation - Where forensic report confirms recovered meat to be beef and owner was present in vehicle at time of seizure, statutory presumption under Section 5-A(10) applies - In absence of evidence showing lack of knowledge and due precautions, confiscation of vehicle is valid.
Finding no error in the confiscation
Mohammad Jalaluddin v. State of U.P., (Allahabad) : Law Finder Doc id # 2983346
