No permit required for intra-state transportation of cows; vehicle confiscation for such transit is unauthorized.

The petitioner’s Bolero Pick-Up vehicle (Registration No. UP-70-JT-9507) was intercepted on June 3, 2024, while transporting four cows.

On August 14, 2025, the District Magistrate, Ghazipur, passed a confiscation order under Section 5-A of the U.P. Prevention of Cow Slaughter Act, 1955, alleging the animals were being transported to Bihar for slaughter.

This order was subsequently affirmed by the Commissioner, Varanasi Division, on November 27, 2025.

The petitioner challenged these orders via a writ petition, asserting that the transportation occurred within Uttar Pradesh, no beef or slaughtering tools were recovered, and the seizure deprived him of his livelihood under Article 21.

The Court applied Section 5-A of the U.P. Prevention of Cow Slaughter Act, 1955, which prohibits the transport of cows, bulls, or bullocks from any place within the State to any place outside the State without a valid permit.

Rule 16 of the U.P. Prevention of Cow Slaughter Rules, 1964, which regulates the permit application process for interstate transport.

The Court relied on precedents including Kaliya v. State of UP (2023) and Kailash Yadav v. State of U.P. (2008), establishing that no permit is required for transporting bovine animals within the State.

The Court invoked Article 300A and Article 19(1)(g) of the Constitution of India, emphasizing that deprivation of property and interference with trade must be backed by the authority of law.

The Court observed that Section 5-A is only triggered when animals are transported from within the State to a destination outside the State.

The vehicle was intercepted within Uttar Pradesh, and the Court determined that proximity to the State border does not create a legal presumption of intent to export or slaughter.

The Court highlighted that the prosecution failed to recover any beef, carcasses, or slaughtering instruments, nor was there medical evidence of cruelty to the animals.

Following the reasoning in Munib v. State of UP (2024), the Court held that since intra-state transport is not prohibited, the statutory conditions for confiscation under Section 5-A(7) were not met.

The State's action was deemed speculative and a manifest misapplication of the law.

It held that no permit is required for the transportation of cows within Uttar Pradesh and that confiscation without proof of interstate transport or slaughter intent is unauthorized.

The Court directed the State authorities to release the vehicle to the petitioner within one week and noted the petitioner’s right to sue for damages regarding the illegal detention of the vehicle.