ARSAD Vs. STATE OF U. P.

JUDGEMENT

(1.) The present writ petition has been filed challenging the order dtd. 5/10/2020 as well as the order dtd. 9/3/2021 passed in revision whereby the revision filed by the petitioner challenging the order dtd. 5/10/2020 has been dismissed.

(2.) The facts in brief are that on 17/6/2020, an FIR was lodged as Case Crime No.417 of 2020, under Sec. 3/5/8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 (in short ''the Cow Slaughter Act') as well as under Sec. 11 of the Prevention of Cruelty to Animals Act, 1960. The FIR in question (Annexure-3 to the writ petition) indicates that an information was received that five persons named in the FIR (does not include the name of the petitioner) were taking a Cow towards Gomti river with a view to slaughter it. Out of the said five persons, two were carrying weapons for the purpose of slaughter. On the basis of the said information, a raid was conducted and the information was found to be correct. On challenge to the said five persons, they run away and from the site, the weapons were recovered and a motorcycle U.P. 31 BH 4280 bearing Chassis No.MBLJAW062K9E07926 and Engine No.JA06EHK9E08120 was also recovered. The FIR also indicates that when information was sought with regard to the persons, who were eloped, it was revealed that the said persons would slaughter the animals and will divide the proceeds from sale which is punishable under Ss. 3/5/8 of the Cow Slaughter Act read with Sec. 11 of the Animals Cruelty Act.

(3.) The petitioner claiming himself to be the owner of the vehicle moved an application for release of the vehicle mainly on the ground that he was neither named in the FIR nor was there any allegation against him on which the District Magistrate proceeded to pass an order dtd. 5/10/2020 confiscating the vehicle i.e. motorcycle in purported exercise of power under Sec. 5-A (7) of the Cow Slaughter Act. The said order was challenged by the petitioner by filing a criminal revision before the District Magistrate, Lakhimpur Kheri which was dismissed on the ground that no revision lies against an order passed under Sec. 5-A(7) of the Cow Slaughter Act.