Neutral Citation No. - 2025:AHC:31698 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 6588 of 2024 Petitioner :- Shahabuddin Sah Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rizwan Ullah Siddiqui Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. The instant petition has been preferred for challenging the impugned judgement and order dated 31.05.2023 passed by learned Session Judge, Chandauli in Criminal Revision No.55 of 2023, UPCD010010922023 (Shahabuddin Shah vs. State of U.P.) as well as order dated 03.02.2023 passed by learned District Magistrate, Chandauli in Case No.447 of 2022 (State Vs. Shahabuddin Shah) under section 5(A) of U.P. Prevention of Cow Slaughter Act, 1955, P.S. Chakarghatta, District- Chandauli. Further prayer has been made for issuance of direction to the concerned authority to release the vehicle having Registration No. UP 67 AT-6446 in favour of the petitioner, within stipulated time. 3. Learned counsel for petitioner submitted that petitioner has been falsely implicated in this case on account of presumption that the animals (5 cow progenies) carrying on his vehicle are for slaughtering purpose; it is further submitted that in the instant matter petitioner has already been granted bail by learned court concerned, the said order is available on record through the supplementary affidavit preferred on behalf of petitioner. As per the instructions received by learned A.G.A., vehicle in question has not been put up for auction and the same is kept at P.S. Chakarghatta, District Chandauli and by way of seizure of his vehicle, he is unable to maintain livelihood of his family. 4. Referring to aforesaid facts as well as contents of F.I.R. as also the impugned orders passed on the release application moved by petitioner, it is 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. Placing reliance on the decision of Hon'ble the Apex Court in Sunderbhai Ambalal Desai Vs. State of Gujarat, 2003 (1) JIC 615 (SC), it is submitted that the Apex Court has held that "In our view, whatever be the 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 petitioner is willing to fulfill all conditions imposed upon him for release of the vehicle in question. 5. On the other hand, leaned A.G.A. submitted that since vehicle in question was related to the petitioner, who has been implicated in pursuance to sections of U.P. Prevention of Cow Slaughter Act, 1955, the competent authorities while rejecting the release application have not committed any illegality. Impugned orders do not suffer from any infirmity or illegality warranting interference by this Court. 6. I have considered rival submissions made by the learned counsel for the parties and have gone through the entire record carefully, wherein it is crystal clear the petitioner has already been granted bail in the instant matter and the vehicle in question is still kept at police station concerned. 7. Accordingly, the present petition is allowed. Impugned orders dated 31.05.2023 passed by learned Session Judge, Chandauli in Criminal Revision No.55 of 2023 and dated 03.02.2023 passed by learned District Magistrate, Chandauli in Case No.447 of 2022, are hereby set-aside. The authority concerned is hereby directed to release the aforesaid vehicle forthwith in favour of its registered owner i.e. petitioner on furnishing adequate security to its satisfaction. 8. However, it is made clear that petitioner shall produce the Pick- up vehicle having Registration No. UP 67 AT 6446 as and when the learned concerned court will require during trial of Case Crime No.76 of 2021 and the said vehicle will not be put for sale by transferring the same to any third party. He shall also not change the nature and color of the vehicle in question in any manner during pendency of said case crime number. Order Date :- 5.3.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad