HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8259 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1 . Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 2. By means of the instant application, the applicant has filed with a prayer to quash the impugned orders dated 22.09.2022 passed by District Magistrate, Sultanpur and order dated 18.08.2025 passed by Commissioner, Ayodhya Division, Ayodhya in Case Crime/F.I.R. No. 298/2022, Under Sections-3/5A/8 U.P. Prevention of Cow Slaughter Act and 11 & 12 Prevention of Cruelty to Animals Act, 1960 lodged at Police Station- Kotwali Dehat, District Sultanpur and further be pleased to direct the State Authorities to release the Applicant's vehicle Truck (Goods Carrier) bearing Registration No. HR5555086, Engine E683CDDG527299, Chassis No. MC243SRC0DG010899, in favour of the Applicant during the pendency of proceedings, in the interest of justice. 3. The case was instituted by the Sub-Inspector of Police on 26.06.2022, narrating the allegation that truck container bearing registration NoNo. HR5555086, was found involved, in carrying cow progenies for the purpose of slaughtering and recovery has also been done from the vehicle. 4. The aforesaid vehicle was seized where-after a release application was moved before the District Magistrate, wherein the District Magistrate passed the order dated 22.09.2022 and confiscated the vehicle. 5. Under the Act of 1955, there is a provision of confiscation of vehicle used in slaughtering of cow/cow progeny as a preventive measure and the intent Versus Counsel for Applicant(s) : Arti Shukla Counsel for Opposite Party(s) : G.A. Usman .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s) of the Legislature is to stop slaughtering of cow/cow progeny and in such activity involvement of the vehicle be deprecated. 6. The law rendered by the Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujrat 2002 10 SCC 283 and by this Court in the case of Kalia Vs. State of U.P. in Criminal Misc. Writ Petition No.6826/2023 decided on 06.10.2023 it has been held that it is of no use to keep the seized vehicles at the police stations for a long period of time and, therefore, the Magistrate concerned is empowered to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for release of such vehicles, if required at the relevant point of time, and this can be done pending hearing of the applications for return of such vehicles. 7. In view of the foregoing reasons, particularly, the law settled by the Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujrat (supra), seizure of the vehicle for long period of time is not justiceable and conclusion of trial cannot be waited for. 8. The District Magistrate as well as the appellate authority, without considering the aforesaid settled proposition of law, has proceeded in the matter. 9. Consequently, this Court is of the considered opinion that both the above impugned orders are unsustainable in the eyes of law. 10. Thus, the application is allowed and the impugned orders dated 22.09.2022 passed by District Magistrate, Sultanpur and order dated 18.08.2025 passed by Commissioner, Ayodhya Division, Ayodhya are hereby quashed. 11. The District Magistrate, Sultanpur is directed to pass order for release of the vehicle in question in favour of the applicant after taking security from him as per the law laid down by the Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujrat (supra), within a period of two weeks from the date of production of certified copy of this order, along with an application with prayer of release of the vehicle in question. September 24, 2025 Anuj Singh A482 No. 8259 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench