Neutral Citation No. - 2025:AHC:35797 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 7783 of 2025 Applicant :- Soniya Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State, and perused the record. 2. The present application has been filed seeking quashing of the order dated 13.02.2025 passed by the District Magistrate, Ballia, in Case No. 3249 of 2024, titled State v. Soniya Devi, arising out of Case Crime No. 309 of 2024, under Sections 3/5A/8 of the Prevention of Cow Slaughter Act, registered at P.S. Sikanderpur, District Ballia, whereby the applicant's vehicle TATA Magic bearing registration No.UP-60-BT-7170 has been confiscated. 3. Learned counsel for the applicant submits that the applicant is the owner of the aforesaid vehicle, which was allegedly found involved in the commission of the offense registered by the police in the present case. It is stated that the vehicle was seized on the allegation of transporting cow progeny and has been lying in police custody since 23.10.2024. This has caused significant inconvenience to the applicant's business, as the vehicle is the sole source of income for her family. Due to the prolonged seizure, the applicant's family is facing severe hardship. 4. Aggrieved by the order dated 13.02.2025, the applicant has approached this Court seeking the release of the vehicle in her favor. 5. Upon perusal of the report and the material on record, it appears that the vehicle was seized on 23.10.2024. Considering the considerable time that has elapsed since the seizure, it can be safely presumed that the investigation by the police would have been completed by now. Therefore, there is no justifiable reason for the Investigating Officer to continue keeping the vehicle in police custody. 6. In light of the law laid down by the Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat, 2002 SCC Online SC 934, it is directed that the vehicle in question be released in favor of the applicant, subject to the conditions that the trial court may deem fit and proper to impose. It is further directed that if the vehicle is found involved in a similar offense in the future, the District Magistrate shall be at liberty to initiate proceedings for the auction of the vehicle immediately after seizure. 7. The instant application stands allowed. Order Date :- 10.3.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad