HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10381 of 2023 Court No. - 88 HON'BLE VINOD DIWAKAR, J. 1. Heard learned counsel for the petitioner, the learned A.G.A. for the State- respondents, and perused the material available on record. 2. The present writ petition has been filed seeking quashing of the impugned order dated 23.8.2023, passed by the learned Additional Sessions Judge, Court No. 4/Special Judge (E.C. Act), Bareilly in Criminal Revision No.269 of 2023 titled Sanjay Kamath v. State of U.P., whereby the appellate court upheld the order dated 18.5.2023 passed by the District Magistrate, Bareilly, confiscating the vehicle, in Case No.1573 of 2022 titled State v. Sanjay Kamath, under Section 5A of the U.P. Prevention of Cow Slaughter Act. 3. Learned counsel for the petitioner submits that the petitioner is the registered owner of the vehicle bearing registration no. DL-1-RTC-2761, which was allegedly involved in the commission of the offence in the aforementioned case. The District Magistrate, Bareilly, passed an order on 18.5.2023 confiscating the said vehicle. The petitioner filed an appeal before the learned Additional Sessions Judge, Bareilly which came to be dismissed by order dated 23.8.2023. Aggrieved by the said order, the petitioner has approached this Court by way of the present petition. 4. It is further submitted that the vehicle has remained in police custody since 18.5.2023, which has caused grave hardship to the petitioner. It is next contended that the said vehicle is his sole means of livelihood, and its continued detention has severely affected his ability to earn a living and support his family. 5. Upon perusal of the record, it appears that the vehicle was seized on 18.5.2023, and it can safely be presumed that the police investigation has Versus Counsel for Petitioner(s) : Mohd. Naushad Siddiqui, Sarvesh Kumar Dubey Counsel for Respondent(s) : G.A. Sanjay Kamath .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) been completed in the aforesaid case crime. Therefore, there appears to be no justification for continued retention of the vehicle in police custody at this stage. 6. In view of the law laid down by the Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat, (2002 SCC OnLine SC 934), the vehicle in question shall be released in favour of the petitioner, provided that no auction proceedings have been initiated by the concerned Sub-Divisional Magistrate. The release shall be subject to the following conditions: (i) the petitioner shall produce the vehicle before the Investigating Officer or the trial court as and when required; (ii) during the pendency of the trial, the petitioner shall not sell, transfer, or otherwise dispose of the vehicle; and (iii) the trial Court may impose such further conditions, including furnishing of a security bond, as it deems fit and proper. 7. Accordingly, the writ petition stands disposed of in the aforesaid terms. October 17, 2025 Anil K. Sharma A227 No. 10381 of 2023 2 (Vinod Diwakar,J.) Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad