The Allahabad High Court has directed the Uttar Pradesh government to pay compensation exceeding ₹15 lakh to a vehicle owner whose commercial vehicle was seized and confiscated over allegations that it was being used to transport two bullocks for slaughter.
Justice Sandeep Jain, while allowing a writ petition filed by Tej Prakash, held that the authorities had confiscated the vehicle without sufficient evidence establishing that the animals were being transported outside Uttar Pradesh for slaughter. The Court also directed the immediate release of the vehicle.
Background
The petitioner, Tej Prakash, was the registered owner of a DCM Eicher vehicle bearing registration number UP-50-CT-4205, which he used for transporting goods and earning his livelihood.
On September 18, 2023, police personnel from Vindhyachal Police Station in Mirzapur seized the vehicle after allegedly recovering two bullocks being transported in it. An FIR was registered under Sections 3, 5-A and 8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, along with provisions of the Prevention of Cruelty to Animals Act and the Indian Penal Code.
The District Magistrate, Mirzapur, ordered confiscation of the vehicle on November 22, 2024. The Commissioner, Vindhyachal Division, subsequently upheld the decision on May 21, 2026.
Challenging both orders, the petitioner approached the High Court, arguing that there was no evidence showing that the bullocks were being taken to West Bengal for slaughter or that they had suffered cruelty during transportation.
Examining the case diary and the relevant statutory provisions, the Court found that the authorities had relied on assumptions rather than independent evidence. It noted that the vehicle had been intercepted within Mirzapur and there was no material establishing its intended destination.
The Court observed:
"Unless there exists positive and cogent evidence indicating that the destination of the vehicle was outside the State of Uttar Pradesh or that the transportation was intended for slaughter, no such presumption can legally be drawn merely because the vehicle happened to be intercepted in a border district."
The Court also questioned the finding that the animals had been transported cruelly. It noted that the two bullocks had never been examined by a veterinary doctor and no medical examination report had been produced to establish injuries or cruelty.
It further explained that Rule 16 of the Uttar Pradesh Prevention of Cow Slaughter Rules, 1964, requires a permit for transporting cattle outside Uttar Pradesh, but does not impose the same requirement for transportation within the State.
The Court also found that neither beef nor remains of slaughtered cattle had been recovered from the vehicle. Therefore, the necessary factual basis for invoking the statutory presumption against the petitioner was absent.
The Court noted that the vehicle was the petitioner's only source of livelihood and had been purchased through a loan from Magma Fincorp Limited, now Poonawalla Fincorp Limited. He was paying monthly instalments of ₹27,709.
Considering the financial hardship caused by the prolonged confiscation, the Court assessed his monthly loss of income at ₹40,000.
It observed:
"Having regard to the facts of the present case, the nature of the vehicle, the admitted repayment of substantial monthly loan installments and the ordinary earning capacity of a commercial transport vehicle, this Court is of the considered opinion that the petitioner's monthly loss of income can reasonably be assessed at Rs.40,000/- per month."
Allowing the writ petition, the High Court quashed both the District Magistrate's confiscation order dated November 22, 2024, and the Commissioner's appellate order dated May 21, 2026.
The Court directed the authorities to release the vehicle forthwith, preferably within one week of production of a certified copy of the judgment, provided it was not required in any other case.
The State was further directed to pay compensation at ₹40,000 per month from September 18, 2023, until the actual release of the vehicle, along with an additional ₹25,000 for mental agony, financial hardship and unnecessary harassment.
The compensation was ordered to be paid within one month of production of the certified judgment. In case of default, simple interest at 8% per annum would apply.
The Court also left it open to the State Government to conduct a departmental inquiry and recover the compensation from officers found responsible, in accordance with law.
Case Details:
Case Title: Tej Prakash v. State of Uttar Pradesh and 4 Others
Case Number: Criminal Misc. Writ Petition No. 22141 of 2026
Judge: Justice Sandeep Jain
Decision Date: November 3, 2026
