The Allahabad High Court has directed the Uttar Pradesh government to pay compensation of ₹40,000 per month to a vehicle owner whose commercial vehicle was illegally confiscated under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955. The Court also awarded an additional ₹25,000 for mental agony, harassment and avoidable litigation.
Justice Sandeep Jain quashed the confiscation order passed by the District Magistrate, Mirzapur, and the subsequent appellate order passed by the Commissioner, Vindhyachal Division. The authorities were directed to release the vehicle, a DCM Eicher, forthwith, preferably within one week of production of a certified copy of the judgment.
The vehicle had been seized in September 2023 after two bullocks were allegedly found being transported in it for slaughter in West Bengal. The authorities had confiscated it on the ground that the animals were being transported illegally and in a cruel manner.
The Court found that there was no independent evidence to establish that the animals were being taken outside Uttar Pradesh for slaughter. It also noted that the bullocks had not been examined by a veterinary doctor and no medical report had been produced to substantiate the allegation of cruelty.
The Court observed that the mere fact that the vehicle was intercepted in a border district could not establish that the animals were being transported outside the State. It further reiterated that no permit is required for transporting cows, bulls or bullocks within Uttar Pradesh under Section 5-A of the Act.
Referring to the Supreme Court’s decision in Saurabh Bajaj v. State of Chhattisgarh, 2026 SCC OnLine SC 2054, the Court held that the absence of transport documents, by itself, cannot give rise to a presumption that cattle were being transported for slaughter.
Noting that the vehicle was the petitioner’s sole source of livelihood and that he was paying monthly loan instalments of ₹27,709, the Court held that illegal confiscation had deprived him of his right to livelihood. It assessed his monthly loss of income at ₹40,000 and directed the State to pay compensation from the date of seizure, September 18, 2023, until the vehicle is actually released.
The compensation is to be paid within one month of production of the certified copy of the judgment. In case of default, the amount will carry simple interest at 8% per annum. The Court also left it open to the State to conduct a departmental inquiry and recover the compensation from officers found responsible, in accordance with law.
