The court says the Cow Slaughter Prevention Act targets illegal slaughter, not lawful intra-state transport; directs return of the seized vehicle and reminds officials to apply the law carefully
NEW DELHI — In a significant ruling, the Allahabad High Court has held that transporting cattle from one district to another within Uttar Pradesh is not a criminal offence in itself. The court set aside an order passed by the Ballia District Magistrate (DM), who had seized a vehicle carrying cattle.
The judgment this week comes at a time when trucks transporting cattle and their drivers have faced increased scrutiny in several states, including Uttar Pradesh. There have also been incidents where drivers were stopped and harassed on suspicion of illegal activity.
The matter before the high court concerned a vehicle that was seized while transporting cattle from Ballia district to Mau district, both within Uttar Pradesh.
The owner of the vehicle approached the high court, challenging the administrative action taken against him. He argued that he was transporting cattle within the state and that there was no violation of law.
According to the petitioner, the seizure of the vehicle was arbitrary and caused financial loss.
During the hearing, the court examined the provisions of the Uttar Pradesh Cow Slaughter Prevention Act. The bench observed that the purpose of the law is to prevent illegal slaughter of cows and certain other animals, not to criminalise lawful transportation.
The court clarified that transporting cattle across state borders may attract legal consequences under certain circumstances. However, transporting cattle from one district to another within Uttar Pradesh does not amount to a criminal offence by itself.
“If a person is transporting cattle within the territorial limits of Uttar Pradesh, it cannot be treated as an offence in the absence of material suggesting illegal slaughter or other unlawful activity,” the court observed.
The bench further noted that mere suspicion cannot justify the seizure of property.
The high court found that the Ballia District Magistrate’s order to seize the vehicle was not supported by adequate legal grounds.
The court stated that administrative authorities must act with a proper understanding of the law and should not take action that goes beyond their powers.
“Seizing a vehicle without valid grounds and causing harm to the owner is not justified,” the court said.
On this basis, the high court set aside the DM’s order and directed that the vehicle be returned to its registered owner.
The ruling is likely to have wider implications, especially in districts where cattle transportation has often led to police action or public confrontation.
Legal observers say the judgment reinforces the principle that laws must be applied strictly in accordance with their intent.
A senior lawyer practising in the High Court said, “The court has made it clear that the Act is meant to prevent illegal slaughter, not to penalise lawful transport. Administrative officers must distinguish between suspicion and proof.”
For transporters and cattle traders operating within Uttar Pradesh, the judgment provides clarity on the legal position.
At the same time, the court has left open the possibility of action where there is clear evidence of illegal activity.
The ruling serves as a reminder that enforcement measures must be based on facts and law, not on assumptions.
