Express News Service
LUCKNOW: The Allahabad High Court has observed that mere possession and transportation of cattle within the state would not amount to an offence under the Uttar Pradesh Prevention of Cow Slaughter Act.
The court passed the order after hearing the bail application of Yadav, who was arrested and kept in jail for almost three months after six cows, with no signs of physical injury, was recovered from a vehicle owned by him. Consequently, he was jailed for the offences under the UP Cow Slaughter Act-1955 and the Prevention of Cruelty to Animals Act.
While allowing the bail application of Kundan Yadav, the court observed that mere possession of live cow/bullock by itself cannot amount to committing, abetting or attempting an offence under the Act against cow slaughter. Further, mere transportation of cows from one place to another within Uttar Pradesh would not come within the ambit of the aforesaid Act. Hence, the mere transportation of cows within UP state would not amount to committing, abetting or attempting to commit an offence under the said Act.
“No material or circumstance has been shown by the counsel for the state to demonstrate that any physical injury to any cow or its progeny so as to endanger the life thereof such as to mutilate its body or to transport it in any situation, whereby endangering the life thereof,” said the Judge.
The court in its order said that the state counsel did not show material to demonstrate that the applicant had slaughtered or offered to slaughter a cow, bull, or bullock in any place in UP. “Hence the alleged act of the applicant does not come within the ambit of the UP cow slaughter Act,” said the court.
The court granted bail to the applicant while observing that there was no intention of endangering the life of any cow by not providing food or water.
“There is no witness to substantiate that the applicant has caused any physical injury to any cow or its progeny so as to endanger the life. No report of the competent authority has been placed to show any physical injury was caused on the body of a cow or bullock”, added the court.
A few days earlier, the High Court had made a similar observation in connection with the recovery and possession of meat saying it was not a punishable offence under the same Act till proven that it was beef or beef product.
LUCKNOW: The Allahabad High Court has observed that mere possession and transportation of cattle within the state would not amount to an offence under the Uttar Pradesh Prevention of Cow Slaughter Act.
The court passed the order after hearing the bail application of Yadav, who was arrested and kept in jail for almost three months after six cows, with no signs of physical injury, was recovered from a vehicle owned by him. Consequently, he was jailed for the offences under the UP Cow Slaughter Act-1955 and the Prevention of Cruelty to Animals Act.
While allowing the bail application of Kundan Yadav, the court observed that mere possession of live cow/bullock by itself cannot amount to committing, abetting or attempting an offence under the Act against cow slaughter. Further, mere transportation of cows from one place to another within Uttar Pradesh would not come within the ambit of the aforesaid Act. Hence, the mere transportation of cows within UP state would not amount to committing, abetting or attempting to commit an offence under the said Act.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
“No material or circumstance has been shown by the counsel for the state to demonstrate that any physical injury to any cow or its progeny so as to endanger the life thereof such as to mutilate its body or to transport it in any situation, whereby endangering the life thereof,” said the Judge.
The court in its order said that the state counsel did not show material to demonstrate that the applicant had slaughtered or offered to slaughter a cow, bull, or bullock in any place in UP. “Hence the alleged act of the applicant does not come within the ambit of the UP cow slaughter Act,” said the court.
The court granted bail to the applicant while observing that there was no intention of endangering the life of any cow by not providing food or water.
“There is no witness to substantiate that the applicant has caused any physical injury to any cow or its progeny so as to endanger the life. No report of the competent authority has been placed to show any physical injury was caused on the body of a cow or bullock”, added the court.
A few days earlier, the High Court had made a similar observation in connection with the recovery and possession of meat saying it was not a punishable offence under the same Act till proven that it was beef or beef product.
