Allahabad HC sets aside vehicle confiscation over lack of proof of beef, orders Rs 2 lakh compensation

Prayagraj, April 27 The Allahabad High Court has quashed the confiscation of a transport vehicle seized under the Uttar Pradesh Prevention of Cow Slaughter Act and directed the state government to pay Rs 2 lakh in damages to its owner, holding that authorities acted arbitrarily without conclusive proof that the meat allegedly recovered from the vehicle was beef.

Allowing a writ petition filed by Mohd. Chand, a single-judge Bench of Justice Sandeep Jain, set aside the June 16, 2025, order of the Baghpat District Magistrate and the November 14, 2025, appellate order of the Commissioner, Meerut Division, which had affirmed the confiscation of the petitioner’s pickup vehicle.

The Allahabad High Court said that although police had intercepted the vehicle in October 2024 and claimed to have recovered meat suspected to be from five cows, the veterinary examination report merely described the seized material as "suspected to be of cow or its progeny" and did not conclusively determine its origin.

"The examiner was not confident whether the seized meat was beef or not," Justice Jain recorded, adding that a confirmatory diagnosis had been sought but no authorised laboratory report was placed on record.

Observing that "the burden lies upon the state to prove that the meat seized from the petitioner’s vehicle was beef," the judge stated that the prosecution failed to establish through an authorised laboratory report that the seized meat was beef.

The order said that under Section 5-A(6) of the Uttar Pradesh Prevention of Cow Slaughter Act, a report from a competent authority or authorised laboratory confirming that the seized material was beef is mandatory before initiating confiscation proceedings.

"As such, without conclusively proving that the seized meat was beef, the vehicle of the petitioner could not have been confiscated," the Allahabad High Court held.

It said that the authorities below had ignored this statutory requirement and proceeded with confiscation in an arbitrary and unwarranted manner.

"The authorities below, without examining this issue, have proceeded to confiscate the vehicle of the petitioner, which is arbitrary, illegal and unwarranted under the provisions of the Act of 1955," the order stated.

Taking note that the vehicle had remained seized since October 18, 2024, depriving the petitioner of his livelihood for over 18 months, Justice Jain held that compensation was necessary for the financial loss caused by the illegal state action.

"It is apparent that due to illegal and arbitrary action of the functionaries of the state, the petitioner has suffered serious economic loss because the vehicle was a transport vehicle, which was the source of livelihood of the petitioner," the order said.

In view of the prolonged deprivation, the Allahabad High Court awarded Rs 2 lakh as damages and directed that the amount be paid within seven days. "The state is directed to pay damages of Rs 2 lakh to the petitioner within a period of seven days," it ordered, while granting liberty to the state government to recover the amount from officials responsible in accordance with law.

The Allahabad High Court also directed the authorities to release the confiscated vehicle within three days.

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