Neutral Citation No. - 2025:AHC:20938 Court No. - 76 Case :- APPLICATION U/S 482 No. - 21623 of 2024 Applicant :- Sahab Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application has been preferred with the prayer to release the vehicle of applicant i.e. bearing registration no. UP 64 AT 6461, which had been sized by the police in case no. 967 of 2023, titled as State v. Iqbal Quraishi and Others, under Section 5(A) of U.P. Cow Slaughter Act, 1955, P.S. Chakiya, District Chandauli. 3. Learned counsel for the applicant states that the applicant is owner of the vehicle bearing registration no. UP 64 AT 6461, which was found to be involved in commission of offence registered by the Police in the aforesaid case. The said vehicle was seized by the police with the allegation of transportation of cow progeny. Thereafter, the applicant moved an application before the District Magistrate, Chandauli for release of the vehicle, but vide order dated 12.02.2024 the application was rejected. Aggrieved by the said order, the applicant preferred a revision before the learned trial Court, which was rejected vide order dated 02.05.2024. The vehicle is lying in the police custody since 19.08.2023 which is causing inconvenience to the business of the applicant. He further contends that the vehicle was the only source of income of his family because of seizure of the said vehicle, entire family is facing hardship. 4. Aggrieved by the order dated 02.05.2024, the applicant has preferred the instant application before this Court for release of the vehicle in his favour. 5. On perusal of the report, it transpires that the vehicle was seized on 19.08.2023. It can safely be presumed that the investigation by the police must have been completed by now, and therefore, there is no reason for the investigating officer to the keep the vehicle in Police Station. 6. In view of law laid down by Hon'ble Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat 2002 SCC Online SC 934, if the vehicle is not auctioned by the police, in that case the vehicle be released in favour of the applicant subject to the conditions that applicant shall produce the vehicle as and when required by the Police or the Court where the trial is pending; during the pendency of the trial, applicant shall not sell or dispose of the vehicle. The other conditions viz. security bond etc., shall be decided by the trial Court as the Court may deem fit and proper. 7. The instant application stands allowed. Order Date :- 13.2.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad