Allahabad High Court
Sadhana Singh vs State Of U.P. And 2 Others on 17 August, 2023
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:165876
Court No. - 89
Case :- APPLICATION U/S 482 No. - 27034 of 2023
Applicant :- Sadhana Singh
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Chandra Kant Mishra,Swatantra Pratap Singh
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
1. Supplementary affidavit filed by learned counsel for the applicant is taken on record.
2. Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the record.
3. The applicant has preferred the instant application under Section 482 Cr.P.C. with the prayer to set aside the order dated 26.5.2023 passed by Sessions Judge, Chandauli in Criminal Revision No. 31 of 2023 (Sadhna Singh Vs. State of UP) as well as order dated 5.1.2023 passed by District Magistrate, Chandauli, both arising out from Case No. 1031 of 2022 (State Vs. Ravi Kumar Gautam and others), under Section 5(A) of Uttar Pradesh Prevention of Cow Slaughter Act, 1955, P.S.-Chandauli, District -Chandauli.
4. Facts in brief as contained in the present application are that the applicant is the owner of vehicle No. UP-62 BT-0617. The aforesaid vehicle is Mahendra Pickup, the same was engaged in transportation of cows. A first information report was lodged against the applicant under Section 3/5A/8 of Prevention of Cow Slaughter Act and 11 Prevention of Animal Cruelty Act at Police Station - Chandauli District - Chandauli which was registered as Case Crime No. 205 of 2022. It is stated in the aforesaid first information report that the aforesaid vehicle was checked by the police party while vehicle was passing through the Chandauli, then it was found that the vehicle in question was containing cows with the persons sitting in the vehicle. It was informed to the police authorities that the owner of the vehicle is the present applicant.
5. In this view of the matter, the vehicle in question was confiscated by the District Magistrate, Chandauli vide its order dated 5.1.2023. Against the order dated 5.1.2023, the applicant preferred a criminal writ petition before this Hon'ble Court but the same was dismissed by this Court on the ground of alternative statutory remedy. Thereafter the applicant filed a criminal revision (C.R. No. 31 of 2023) for release of the vehicle before the Sessions Judge, Chandauli, the same was rejected by him vide order dated 26.5.2023 confirming the order of the District Magistrate, hence the present application has been filed challenging the orders dated 5.1.2023 and 26.5.2023
6. It is argued that the orders passed by both the courts below are illegal and liable to be set aside. It is further argued that the vehicle in question was seized without following the procedure prescribed in law. It is further argued that the vehicle in question is not involved in any criminal activity.
7. In view of the aforesaid, it is argued that the orders passed by the court below be set aside and the vehicle of the petitioner be directed to release.
8. On the other hand it is argued by the learned AGA that since the vehicle in question was involved in malpractice and since cows were found in the aforesaid vehicle, the same was rightly confiscated by the District Magistrate.
9. From perusal of the record it transpires that vehicle of the applicant was seized in view of the fact that cows were being transported with a malice intention. The criminal proceedings in this regard is still going on. It is settled law that there is no use to keep seized vehicles at the police station for the long period. Police authorities are to returned the vehicle after taking appropriate bond and guarantees as well as security for the return of the vehicle. The Supreme Court in the case of Sunder Bhai Amba Lal Desai vs. State of Gujarat reported in 2003 AIR SC 638 has held that it is of no use to keep such seized vehicles at the police stations for a long period. Paragraph 17 of the aforesaid judgment is reproduced below:-
"17. 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."
10. In this view of the matter, the Court is of the opinion that there is no use to keep the seized vehicle of the applicant at the police station.
11. In the facts and circumstances of the case, the present application is allowed and the impugned orders dated 5.1.2023 and 26.5.2023 are set aside and the case is remitted back to the District Magistrate, Chandauli and permitting the applicant to move an application in this regard before the District Magistrate, Chandauli and if such application is filed along-with the certified copy of this order before the District Magistrate, Chandauli, the District Magistrate, Chandauli is directed to pass appropriate orders on the same, most expeditiously and positively within a period of two months from the date of presentation of application alonwith certified copy of this order before him.
12. It is made clear that the District Magistrate, Chandauli will pass orders taking into consideration the observations made by the Hon'ble Apex Court in the case of Sunder Bhai Amba Lal Desai (Supra) as well as the facts as narrated above in the present application.
13. With the aforesaid observations, the present application is allowed.
Order Date :- 17.8.2023
S.K.S.
