Neutral Citation No. - 2025:AHC:132490 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 8497 of 2025 Petitioner :- Mohammad Siraj Respondent :- State of U.P. and Another Counsel for Petitioner :- Irshad Mohamad,Noor Mohammad Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. The present writ petition under Article 227 of the Constitution of India has been filed seeking the following reliefs: "i. Issue an order or direction to set aside the order dated 23.06.2025 passed by First Additional Sessions Judge, Gautam Buddh Nagar in Criminal Revision No. 304 of 2024 (Mohammad Siraj S/o Sabir Husain Vs. State of U.P.) and order dated 23.07.2024 passed by First Additional Chief Judicial Magistrate, Gautam Budh Nagar rejected the application of release of vehicle relates with Case Crime No. 215 of 2023, under Sections 279 IPC and Section 3/5/8 of Prevention of Cow Slaughter Act, Police Station-Badalpur, District-Gautam Budh Nagar. ii. Issue an order or direction directing respondent No. 2 to release the Vehicle Registration No. UP37T3565 in favour of petitioner, forthwith." The prosecution case, in brief, is that Police Official lodged an FIR dated 22.07.2023 bearing Case Crime No. 215 of 2023 under Section 279 IPC and Section 3/5/8 of Prevention of Cow Slaughter Act, Police Station-Badalpur, District-Gautam Buddh Nagar against unknown persons alleging that a vehicle Cantor No. UP- 37T-3565 red in colour coming towards Bulandshahr in a rash driving condition and due to suspicion of possibility of carrying beef, the vehicle was stopped wherein the said vehicle was found carrying beef in the cantor. However, the driver and the accused persons jumped away from the vehicle. On the basis of the aforesaid FIR, the vehicle Cantor No. UP-37T- 3565 was seized by the Police of Police Station-Badalpur, District- Gautam Buddh Nagar. During the course of investigation, the name of the petitioner and co-accused Taiab came into light and were charge-sheeted on 09.10.2023 under Section 279 IPC and Section 3/5/8 of Prevention of Cow Slaughter Act whereupon the learned Magistrate has taken the cognizance and summoned the petitioner and the co-accused to face the trial. Learned counsel for the petitioner further submits that after being released on bail, the petitioner moved an application dated 13.02.2024 before the learned Additional Chief Judicial Magistrate-Ist, Gautam Buddh Nagar for the release of his Truck bearing Registration No. UP- 37T-3565. It has also been submitted that no confiscation proceedings have been initiated by the District Magistrate. However, the learned court concerned rejected the release application of the petitioner with an observation that the court was not empowered to release the vehicle under the Cow Slaughter Act vide impugned order dated 23.07.2024. Aggrieved by the said order, the petitioner filed a criminal revision before the First Additional Sessions Judge, Gautam Buddh Nagar which was also rejected vide order dated 23.06.2025. It has been emphasised that the impugned orders have been passed in a routine and casual manner and without application of mind. It has been impleaded that the petitioner is the owner of the seized vehicle and has been falsely implicated on the basis of suspicion. Per contra, learned A.G.A. for the State has opposed the aforesaid contention on the ground that the petitioner has been charge sheeted under section 279 IPC and Section 3/5/8 of Cow Slaughter Act and the said vehicle was used in the transportation of the beef. From the perusal of records, it transpires that the petitioner being the owner of the alleged vehicle has been charge sheeted under Section 279 IPC and Section 3/5/8 of the Cow Slaughter Act. The learned Trial Court has taken cognizance of the matter in the aforementioned sections. Even if no confiscation proceeding was initiated for the seizure of the vehicle yet Section 5A sub-section 7 categorically provides that: "the vehicle by which the beef or cow and its progeny is transported in violation of the provisions of this Act and the relevant rules, shall be confiscated and seized by the law enforcement officers. The concerned District Magistrate/Commissioner of Police will do all proceedings of confiscation and release, as the case may be". Accordingly, the petitioner is directed to approach the District Magistrate, Gautam Buddh Nagar for the release of his vehicle at the earliest. In case, the petitioner approaches the District Magistrate concerned for the release of his vehicle the same shall be decided expeditiously in accordance with law. With the aforesaid direction, the writ petition is disposed of. Order Date :- 6.8.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad