Thread by @LawBeatInd

Prevention of Cow Slaughter Act is a special act & local law. Therefore, the powers u/s 451, 452 & 457 of CrPC (relating to custody & disposal of property) being general provisions are not invocable in respect of proceedings under the Act, observed #AllahabadHC

#cowslaughter

In the present case an F.I.R. (21.9.20) was registered where the vehicle stated to be carrying the animals was seized, in Ballia UP and proceedings were initiated.

Subsequently,Magistrate upon taking into
consideration the scheme of the Act, refused to release the vehicle

The counsel for the applicant contended in the HC that ,since the vehicle had
been confiscated, the courts below have committed an error in
rejecting the application for release, ignoring the powers
exercisable us 451 and 457 of the Code.

#allahabadhighcourt

AGA
, to the contrary stated that the
proceedings have been initiated under the PCSA, which is a
Special Act, and provides a separate procedure with regard to
confiscation and seizure under s 5-A.

#allahabadhighcourt

The PCSA is an Act to prevent the slaughter of cow and
its progeny in the State of UP. Sec 5-A of the Act
which is with regard to regulation on transport of cow, etc., and
is relevant for the purposes of the controversy involved in the
present case : #AllahabadHC

“Sec 5-A sub sec (11) would go to show that the scheme
of the Act provides a complete procedure with regard to
proceedings relating to confiscation and release,” noted Bench.

#allahabadhighcourt

Bench further relied on sec 5 of CrPC ( saving clause) and as per
terms “thereof nothing contained in the Code shall, in the
absence of a specific provision to the contrary, affect any
special or local law for the time being in force...”

#allahabadhighcourt

The normal rule of
interpretation that the special provision must prevail over the
general and if a case is covered by a special provision, the
general provision would not be attracted, would be applicable : #AllahabadHC

The vehicle in question having been confiscated
& seized in exercise of powers us 5-A of the
PCSA, which a special Act & a local law
us 5 of the Code, would clearly have the
effect of denuding the Magistrate of his power to pass any order under provisions of Crpc: Bench

Thus, the application u/s 482 of Crpc to release the vehicle during the pendency of proceedings under PCSA, was dismissed.

#allahabadhighcourt