Neutral Citation No. - 2025:AHC:29115 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 6828 of 2025 Applicant :- Irshad Mohammad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Jaid Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application has been preferred with the prayer to release the vehicle of applicant i.e. bearing registration no. UP 73A 6873, which had been sized by the police in case no. 104 of 2021, under Sections 3/5A/5B/8 of U.P. Cow Slaughter Act, 1955 and Section 11 of Animal Cruelty Act, P.S. Saiyyadraja, District Chandauli. 3. Learned counsel for the applicant states that the applicant is owner of the vehicle bearing registration no.UP 73A 6873, which was found to be involved in commission of offence registered by the Police in the aforesaid case. The said vehicle was seized by the police with the allegation of transportation of cow progeny. Thereafter, the applicant moved an application before the District Magistrate, Chandauli for release of the vehicle, but vide order dated 15.02.2023 the application was rejected. Aggrieved by the same, the applicant preferred a revision bearing Revision No. 70 of 2024, which was also dismissed by the learned Sessions Judge, Chandauli vide order dated 23.01.2025. The vehicle is lying in the police custody since 14.06.2021 which is causing inconvenience to the business of the applicant. He further contends that the vehicle was the only source of income of his family because of seizure of the said vehicle, entire family is facing hardship. 4. Aggrieved by the order dated 23.01.2025, the applicant has preferred the instant application before this Court for release of the vehicle in his favour. 5. On perusal of the report, it transpires that the vehicle was seized on 14.06.2021. It can safely be presumed that the investigation by the police must have been completed by now, and therefore, there is no reason for the investigating officer to the keep the vehicle in Police Station. 6. In view of law laid down by Hon'ble Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat 2002 SCC Online SC 934, if the vehicle is not auction by the police, then the same be released in favour of the applicant subject to the conditions that applicant shall produce the vehicle as and when required by the Police or the Court where the trial is pending; during the pendency of the trial, applicant shall not sell or dispose of the vehicle. The other conditions viz. security bond etc., shall be decided by the trial Court as the Court may deem fit and proper. 7. The instant application stands allowed. Order Date :- 3.3.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad