Neutral Citation No. - 2025:AHC:135747 Court No. - 79 Case :- CRIMINAL MISC. WRIT PETITION No. - 13962 of 2025 Petitioner :- Girdhari Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amar Bahadur Maurya,Sushil Kumar Kushwaha Counsel for Respondent :- G.A. Hon'ble Avnish Saxena,J. 1. Sri Amar Bahadur Maurya, learned counsel for the petitioner has filed rejoinder affidavit today in the Court, which is taken on record. 2. Heard Sri Maurya and learned A.G.A. for the State. 3. By the instant writ petition, the petitioner seeks the quashing of the order dated 11.04.2025 passed in Case/Revision No.432 of 2025 (Girdhari Lal Vs. State of U.P.) by the Commissioner Basti Region Basti, arising out of Case Crime No. 29 of 2023 (State Vs. Mohammad Umar and 2 others) under Section 5A U.P. Prevention of Cow Slaughter Act, 1955 order passed by Collector/District Magistrate Basti on 08.06.2023 by which the vehicle of the petitioner was confiscated, arising out of Case Crime No.29 of 2023, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955, under Section 11 of Prevention of Cruelty to Animals Act, 1960 and under Section 207 Motor Vehicle Act, 1988, Police Station Harriya, District Basti and consequently release of vehicle. 4. Learned counsel for the petitioner submitted that the petitioner is the owner of pick up vehicle, which has been confiscated by the police, from where seven live cattles have been recovered. The F.I.R. has been registered by the police of P.S. Harriya, Basti against three named accused persons, namely, Mohd. Amar, Khursid and Hari Om for offence under Section 207 Motor Vehicle Act, 1988, Section 11 of Prevention of Cruelty to Animals Act, 1960 and Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955. The vehicle, which has been confiscated by the police, bearing Vehicle No.U.P.41T4687 is owned by the applicant, Girdhari Lal. The vehicle has been given on rent. No videography of the vehicle either at the time of arrest and recovery has been made or at any later time to show that the vehicle has been carrying seven cattles. The recovery has been made in absence of independent witness. The vehicle, which was confiscated on 31.01.2023 is lying in the police station since then. He further submits that the application and the revision, which lies with the State has been rejected. The dictum of Sunderbahi Ambala Desai Vs. State of Gujarat (2002) 10 SCC 283, has not been taken into consideration either by the court concerned or the revisional court, which are the courts of District Magistrate and Commissioner, respectively. 5. Learned A.G.A. submits that the vehicle has been used for transport of cow and progeny, without permit to Bihar for slaughtering. As such, the vehicle has not been released. 6. This Court has taken into consideration the rival submissions made by the parties and perused the record. 7. Section 5-A(8) of the U.P. Prevention of Cow Slaughter Act, 1955 provides the power of confiscation and release of vehicle by the District Magistrate/Commissioner. Therefore, a discretion is provided, which is to be excercised with reasoning and application of mind. 8. This Court is of the view that the vehicle should be released in view of the fact that no photograph and videography has been carried out either at the time of arrest and recovery or at any subsequent date as has been revealed from record, to show that whether the cow and their progeny are being transported by the same vehicle. There is no independent witness of arrest and recovery. No opinion on the point whether the petitioner is aware about the use of vehicle for the alleged purpose. Moreover, it is on the disclosure statement of accused that the cow and progeny are being transported to Bihar from U.P. The vehicle will be damaged lying in the police station. As such, considering the dictum of Sunderbahi Ambala Desai (supra), the vehicle would have been released. The writ petition is allowed. Consequently, the order dated 11.04.2025 passed by the Commissioner, Basti is quashed. 9. The court concerned shall release the vehicle forthwith in accordance with law, following the procedure of surety bonds. Order Date :- 11.8.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad