HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 2077 of 2025 Court No. - 86 HON'BLE NALIN KUMAR SRIVASTAVA, J. 1. Counter affidavit filed today on behalf of the State is taken on record. 2. This criminal revision has been preferred against order dated 10.3.2025 passed by District Magistrate, Ballia in Case No. 3047 of 2024 under section 5-Ka of U.P. Prevention of Cow Slaughter Act, P.S. Bhimpura, Districe Ballia whereby vehicle no. UP54D-1337 was confiscated on the ground that the said vehicle was used in the commission of crime. 3. Heard learned counsel for the revisionist, learned AGA for the State and perused the record. 4. Learned counsel for the revisionist submitted in this matter the revisionist has been arrayed as an accused. It is further submitted that the vehicle in question was given on rent to one Rajesh Rajbhar. It is further submitted that the revisionist being the owner of the said vehicle has been made an accused in this case. It is further submitted that three alive cow progenies were being transported in the said vehicle but however no beef has been recovered. It is further submitted that detention of the vehicle for a long time at the police station is likely to diminish its value and ultimately the vehicle may become junk. 5. Placing reliance on the decision of the Hon'ble Apex Court in Sunderbhai Ambalal Desai Vs. State of Gujarat, 2003 (1) JIC 615 (SC), it is submitted that the Hon'ble Apex Court has held that "In our view, whatever be the Versus Counsel for Revisionist(s) : Sriprakash Rai Counsel for Opposite Party(s) : G.A. Suryakant Pandey .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s) situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles." It is lastly submitted that revisionist is willing to fulfill all conditions imposed upon her for release of the vehicle in question. 6. On the other hand, leaned AGA submitted that since vehicle in question was involved in illegal transportation of cow pregonies, the District Magistrate concerned while confiscating the same has not committed any illegality. Impugned order does not suffer from any infirmity or illegality warranting interference by this Court. 7. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record carefully. 8. From a perusal of the record it reveals that the revisionist is the owner of the vehicle in question. Three alive cow prognies were being transported in the said vehicle. The concerned District Magistrate was not justified in confiscating the same. By passage of time, the vehicle is likely to become junk and its purpose would frustrate. In these circumstances, the criminal revision is liable to be allowed and the impugned order is liable to be set-aside. 9. Accordingly, the Criminal Revision is allowed and the impugned order dated 10.3.2025 passed by District Magistrate, Ballia in Case No. 3047 of 2024 under section 5-Ka of U.P. Prevention of Cow Slaughter Act is set- aside. The concerned Court / District Magistrate is directed to release the aforesaid vehicle in favour of its registered owner on furnishing adequate security to his/ her satisfaction by imposing conditions upon the revisionist. September 16, 2025 safi CRLR No. 2077 of 2025 2 (Nalin Kumar Srivastava,J.) Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad