State Must Pay Rs 40,000 a Month for Vehicle Seized on Mere Suspicion of Cattle Slaughter, Rules Allahabad High Court in Tej Prakash v. State of Uttar Pradesh
Case: Tej Prakash v. State of Uttar Pradesh & 4 Others
Citation: 2026:AHC:228068
Date of Judgment: 03 November 2026
Court: Allahabad High Court
Coram: Justice Sandeep Jain
Proceedings: Criminal Misc. Writ Petition No. 22141 of 2026
Court Observation
“The entire reasoning adopted by the confiscating authority proceeds on the assumption that since Mirzapur is adjoining with the neighbouring State of Bihar, the cows and its progeny must necessarily have been intended to be transported to the State of West Bengal for slaughter. Such a conclusion is founded merely upon conjectures and surmises and is wholly unsupported by any independent evidence.”
Summary
The Allahabad High Court has quashed the confiscation of a goods vehicle seized on the mere suspicion that cattle it carried were being taken for slaughter, and ordered the State to pay the owner Rs 40,000 per month as compensation from the date of seizure until the vehicle is actually released. Mirzapur police had seized Tej Prakash’s DCM Eicher goods vehicle on 18 September 2023 while it carried two bullocks, registering an FIR alleging they were being taken to West Bengal for slaughter under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, the Prevention of Cruelty to Animals Act, and the Indian Penal Code.
The District Magistrate confiscated the vehicle on 22 November 2024, and the Commissioner, Vindhyachal Division, dismissed the owner’s appeal on 21 May 2026. The High Court held there was no evidence of an out-of-State destination or an intent to slaughter, and no veterinary evidence of cruelty. Proximity to an inter-State border and missing transport documents could not, by themselves, prove the cattle were headed for slaughter. Holding that arbitrary State action depriving a citizen of his livelihood warrants compensation under the Constitution, the Court assessed the monthly loss at Rs 40,000, given the vehicle’s earning capacity and its loan instalments of Rs 27,709 per month.
Key Holdings
- Proximity to an inter-State border cannot by itself prove that cattle were headed to another State for slaughter — such a conclusion rests on conjectures and surmises.
- Missing transport documents do not establish that cattle were being carried for slaughter, and no permit is required for transport within Uttar Pradesh.
- With no veterinary examination or report, the allegation of cruel transport under Section 5-B of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 was unsupported.
- Arbitrary State action depriving a citizen of his legitimate means of earning his livelihood warrants compensation in public-law jurisdiction, as Article 21 protects livelihood and not merely life.
- The monthly loss was reasonably assessed at Rs 40,000, given the vehicle’s earning capacity and loan instalments of Rs 27,709 per month.
Directions Issued
- The confiscation order and the appellate order were quashed, and the vehicle is to be released forthwith, preferably within one week, unless it is required in another case.
- The State must pay Rs 40,000 per month from 18 September 2023 until the actual release of the vehicle (about Rs 15 lakh up to the date of judgment), plus Rs 25,000 for mental agony and harassment, within one month, failing which simple interest at 8% per annum will apply.
- The State may hold a departmental inquiry and recover the amount from the officers found responsible.
Background
The vehicle was seized in September 2023 and confiscated by the District Magistrate in November 2024. The owner’s appeal before the Commissioner, Vindhyachal Division, was dismissed in May 2026, after which he moved the High Court.
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Judgment Link: Read the full judgment (PDF)
Disclaimer: This is a summary prepared for informational purposes only and does not constitute legal advice. Readers should refer to the official judgment for the authoritative text.
