KALIYA Vs. STATE OF U. P.

JUDGEMENT

(1.) The petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari quashing order dtd. 14/3/2023 passed by District Magistrate, Hardoi whereby the petitioner's vehicle UP16H/9922 has been confiscated and the order dtd. 15/6/2023, passed by the Commissioner, Lucknow Mandal, Lucknow by which the appeal filed by him against the order dtd. 14/3/2023 (Supra) has been rejected.

(2.) Heard Mr. Farhan Alam Osmany, learned counsel for the petitioner and Mr. Alok Tiwari, learned A.G.A. for the State.

(3.) The facts relevant for disposal of the case are that a first information report No.508 of 2022 under Sec. 3, 5 and 8 of U.P. Prevention of Cow Slaughter Act, 1955 (in short, Act) was registered on 2/11/2022 at police station Kachhauna, district Hardoi against named accused persons stating that seven persons were caught red handed while carrying cow and its progeny. Certain incriminating articles such as two motorcycles, two 12 bore pistols, mobile phones etc were also recovered from the named accused persons. DCM truck No.UP16H9922 is registered in the name of the petitioner. Relevant documents relating to ownership of the vehicle in question, such as registration certificate, certificate of fitness, insurance paper etc are on record and in the name of the petitioner. Since the date of seizure, i.e. 2/11/2022, the DCM vehicle is standing at the police station Kachhauna, district Hardoi. On the basis of the first information report No.508 of 2022, proceedings under Sec. 5-A(7) of the Act against the petitioner were initiated and show cause notice dtd. 13/12/2022 calling for the reply was served on the petitioner. The petitioner submitted his reply dtd. 17/2/2023 to the show cause notice denying the incident and the allegations levelled against him. In the reply, it has been stated that he is not named accused in the case nor charge sheet has been filed against him. The vehicle in question has not been used for transportation of the cows and its progeny. No beef has been recovered from the vehicle. He is the registered owner of the vehicle and has been falsely implicated as he opposed the illegal extortion committed by the police and thus it is prayed that the vehicle be released. The District Magistrate vide impugned order dtd. 14/3/2023 (supra) in exercise of powers under Sec. 5-A(7) has confiscated the vehicle in favour of the State Government while recording a finding that the aforesaid vehicle was being used for slaughtering the cows and its progeny and were being transported for the aforesaid purpose, hence, provisions of the Act have been violated. The appellate court did not find any illegality in the impugned order and upheld the order passed by the District Magistrate.