Neutral Citation No. - 2025:AHC:107634 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 23404 of 2025 Applicant :- Mohammad Aslam Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned A.G.A. for State. 2. The instant application has been preferred for quashing the order dated 12.09.2023 passed by Session Judge, Chandauli in Criminal Revision no. 97 of 2023 (Mohd. Aslam vs. State of U.P.) as well as order dated 18.07.2022 passed by District Magistrate, Chandauli in Case no. 136 of 2021 (State vs. Mohd. Aslam) under Section 5(A) of U.P.Prevention of Cow Slaughter Act, 1955, both arising from Case Crime no. 09 of 2021, under Section u/s 3/5A/5B/8 of U.P.Prevention of Cow Slaughter Act and 11 Animal Cruelty Act, PS- Saidraza, District Chandauli. Further prayer has been made to direct the opposite party no. 2 and 3 to release Vehicle (Truck) no. UP70JT6788 in favour of applicant (owner). 3. Learned counsel for the applicant submitted that the applicant has been falsely implicated in this case and he has no knowledge about the fact that the act committed by him is illegal, whereas in the instant matter, he has already been extended bail. It is further submitted that relevant documents has been brought on record, which shows that the applicant is owner of vehicle in question, i.e., Vehicle (Truck) no. UP70JT6788 and no useful purpose shall be served by way of keeping the vehicle in question at police station concerned. However, the said vehicle has been seized vide order dated 18.07.2022 passed by District Magistrate, Chandauli. Being aggrieved with order dated 18.07.2022, applicant preferred revision, but the same has also been dismissed vide impugned order dated 12.09.2023. 4. Referring to aforesaid facts as well as contents of F.I.R. as also the impugned orders, 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 applicant is willing to fulfill all conditions imposed upon him for release of the vehicle in question. 5. On the other hand, learned A.G.A. submitted that since vehicle in question was related to the applicant, 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 does not suffer from any infirmity or illegality warranting interference by this Court. 6. I have considered the rival submissions made by learned counsel for the parties and have gone through the entire record carefully, wherein it is submitted by learned counsel for applicant that applicant has already been granted bail, copy of bail order is annexed as Annexure no. 6 to the affidavit. 7. Accordingly, the present petition is allowed. Impugned order dated 12.09.2023 passed by Session Judge, Chandauli in Criminal Revision no. 97 of 2023 (Mohd. Aslam vs. State of U.P.) as well as order dated 18.07.2022 passed by District Magistrate, Chandauli in Case no. 136 of 2021 (State vs. Mohd. Aslam), are hereby set- aside. The authority concerned is hereby directed to release the vehicle in shape of Truck no. UP70JT6788 in favour of its registered owner, i.e., applicant subject to deposition of entire market value of vehicle in question as surety before authority concerned before release, subject to following terms and conditions as mentioned below :- (i) The applicant shall produce the vehicle in question as and when the learned concerned court will require during trial of aforementioned case crime number. (ii) The applicant shall not put for sale the vehicle in question by transferring the same to any third party. (iii) The applicant 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 :- 8.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad