Bureau Prayagraj. The Allahabad High Court reprimanded the Uttar Pradesh government for hastily auctioning a vehicle by seizing it on unproven charges of cow smuggling and ordered a compensation of at least Rs 2 lakh to the vehicle owner.
The court quashed the orders relating to seizure and confiscation, saying that the state’s actions were arbitrary, illegal and contrary to law. Justice Sandeep Jain said that if the state government cannot return the vehicle then it will have to pay an additional Rs 4 lakh to the vehicle owner as the vehicle value.
According to the case, on September 8, 2024, the police in Chandauli district had stopped the commercial vehicle of petitioner Chandrabhan Kumar on the information of alleged cow smuggling. Claiming to have recovered 10 live cows from the vehicle, the police had registered an FIR under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 and Prevention of Cruelty to Animals Act.
The District Magistrate seized the vehicle saying that the cattle were being taken to Bihar for slaughter, while the vehicle was caught near the Bihar border. Later the Commissioner also upheld the seizure order.
Meanwhile, while the appeal was pending, the administration auctioned the vehicle for only Rs 85 thousand whereas according to the petitioner, the market value of the vehicle was more than Rs 7 lakh.
The High Court said that no permit is required for transportation of cattle within Uttar Pradesh and merely because the vehicle was intercepted near the Bihar border, it is not fair to assume that the animals were being taken out for slaughter.
The court commented, “Doubt, no matter how strong, cannot take the place of legal proof.” The court also said that auctioning the vehicle while the proceedings were pending and that too at such a low price shows the clear arbitrariness of the administration.
The High Court acknowledged that this caused serious financial loss to the petitioner, as the vehicle is his main means of livelihood. On the allegations of cruelty towards animals, the court also said that the authorities had not recorded any concrete finding to prove that the animals had suffered such physical injury that their lives were in danger.
The High Court ordered that the state government should pay Rs 15,000 per month as financial loss and Rs 20,000 for mental pain and harassment from the date of seizure till the return of the vehicle.
If the vehicle is not returned, the government will have to pay monthly compensation of Rs 4 lakh in addition to the vehicle value for a maximum period of 12 months. The court also gave liberty to the state government to recover this amount from the officials who had approved the arbitrary action.
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