Allahabad High Court directs UP to pay ₹2 lakh for vehicle seizure over unproven beef transport claim

The Allahabad High Court has directed the Uttar government to pay a compensation of ₹2 lakh to a man whose vehicle was arbitrarily seized in 2024 in a case under the Uttar Pradesh Prevention of Cow Slaughter Act [Mohd Chand v State of UP and 3 Others]

The vehicle was confiscated on the allegation that it was being used for transporting beef of five cows in October 2024.

Justice Sandeep Jain found that the veterinary doctor, who had examined the meat, was not confident whether it was beef and had recommended confirmatory diagnosis of the samples.

Since no report of an authorized laboratory was made available, the Court ruled that the State failed to conclusively prove that the seized meat was beef. Thus, the vehicle could not have been confiscated, it added.

"The Authorities below without examining this issue has proceeded to confiscate the vehicle of the petitioner, which is arbitrary, illegal and unwarranted under the provisions of the Act of 1955," the Bench said in the order passed on April 27.

The Court observed that due to such illegal and arbitrary action of the State authorities, the petitioner Mohd Chand had suffered serious economic loss as the vehicle in question was a transport vehicle, a source of livelihood for him.

The Court, thus, ordered payment of damages of ₹2 lakh to the petitioner, with a liberty to the State to recover it from the officers responsible for the illegal confiscation.

"The petitioner has been deprived from earning through this vehicle, since 18.10.2024, when it was illegally seized by the respondents. A period of more than 18 months has elapsed since then. In the facts and circumstances of this case, for the economic loss/deprivation caused to the petitioner and to compensate for the arbitrary action of the State, it would be appropriate to award damages of Rs. 2 lacs to the petitioner," the Bench said.

The judgment was delivered on a petition challenging the confiscation order passed by the District Magistrate of Baghpat.

The plea also challenged the dismissal of petitioner's appeal by Commissioner of Meerut Division.

It was argued that there was no conclusive proof that the vehicle was transporting beef. The petitioner's counsel argued that burden was on the State to prove its claim.

The Court observed that a vehicle can be confiscated under the cow protection law only when it is found to have been transporting beef.

It added that report of an authorized laboratory is mandatory for initiating proceedings under this UP Prevention of Cow Slaughter Act.

"The burden lies upon the State to prove that the meat seized from the vehicle of the petitioner was beef, but as per the meat examination report dated 18.10.2024, the seized meat was suspected to be of cow or its progeny. The meat was examined at Veterinary Hospital, Baghpat, but the Examiner was not confident about the origin of the meat and for this reason, he requested for confirmatory diagnosis of meat samples, but a report in that behalf is not available on record," the Bench said.

It, thus, allowed the petition and ordered release of the vehicle within three days.

Advocate Gurfan Ali represented the petitioner.

[Read Order]