VidhiSangh

Supreme Court of India · 04/03/2022

ABDUL VAHAB versus STATE OF MADHYA PRADESH

[2022] 3 S.C.R. 311 · 2022 INSC 263

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A truck owner challenged confiscation after acquittal of charges arising from transport of cattle allegedly intended for slaughter. The Court held that the applicable cow-slaughter legislation did not contain the jurisdictional exclusion found in the forest-law cases relied on below. Separate confiscation proceedings could occur, but the acquittal and absence of evidence connecting the transport to slaughter had to be considered. The confiscation was arbitrary on these facts and was set aside.

Issues

  1. Whether the High Court could entertain the owner’s challenge under its inherent criminal jurisdiction.
  2. Whether the prosecution burden-shifting provision applied to confiscation.
  3. Whether confiscation remained justified despite the acquittal and evidentiary findings in this case.

Provisions considered

Held

Result

Appeal allowed without costs. The District Magistrate’s confiscation order was held unsustainable and the High Court’s contrary decision set aside.

Judgment PDF: Supreme Court of India, [2022] 3 S.C.R. 311.