Allahabad High Court
Anand Kumar Pandey vs State Of U.P. And 3 Others on 31 March, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 70
Case :- APPLICATION U/S 482 No. - 43750 of 2022
Applicant :- Anand Kumar Pandey
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Dhirendra Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard Mr. Dhirendra Kumar Srivastava, learned counsel for the applicant, learned A.G.A for the State and perused the material available on record.
By means of this application, the applicant has prays for quashing the order dated 07.02.2022 passed by District Magistrate, Chandauli in Case No.471 of 2021, under Section 5(A) of U.P. Prevention of Cow Slaughter Act, 1955 by which the vehicle No.UP63 AT-0265 (Chassis No.MAT466395 H5A01121) Truck pertains to the applicant has been confiscated in favour of State Government and further it has been directed that the said vehicle will be auctioned and the money will be deposited in appropriate account of State Government, as well as order dated 31.03.2022 passed by revisional court in Criminal Revision No.15 of 2022 by which the order dated 07.02.2022 has been confirmed.
Learned counsel for the applicant has submitted that the applicant is the owner of Truck No.UP-63 AT-0265 (Chassis No.MAT466395 H5A01121). The said Truck is financed by City Bank. There was an agreement between applicant and Mohd. Jamshed Khan on 22.09.2022 that Mohd. Jamshed Khan will pay Rs.80,000/- per month and in pursuance thereto, Mohd. Jamshed Khan was looking after the transportation of the vehicle in question. He has further submitted that neither the applicant was named in the FIR nor charge sheet has been submitted against the applicant. The charge sheet has been submitted against Mohd. Jamshed Khan under Sections 3/5/5A/8 Uttar Pradesh Prevention of Cow Slaughter Act read with Section 11 Cruelty to Animal Act and Sections 420, 411, 413 and 414 IPC, Police Station Saiyadraja, District Chandauli. He has further submitted that the police of police station concerned submitted its report dated 04.03.2021 for confiscation of the vehicle in question under the provisions of Section 5A of U.P. Cow Slaughter Act. In pursuance of the said letter dated 04.03.2021, the opposite party no.2 send a show cause notice to the applicant vide order dated 10.07.2021 in which the applicant has filed objection on 08.12.2021 mentioning therein that in pursuance of agreement, the vehicle was being plied by one Mohd. Jamshed Khan, moreover, no cattle was recovered from the vehicle in question, as such, the provisions of aforesaid Section 5A of U.P. Cow Slaughter Act does not attract as such confiscation order may be set aside. The aforesaid case was registered as Case No.478 of 2021 and vide order dated 07.02.2022, while confiscating the vehicle in favour of State, it was directed that the vehicle may be auctioned and the amount will be deposited in favour of the State Government. Against that order, the applicant has preferred revision, which was dismissed vide order dated 31.03.2022. He has further submitted that as per amendment of Section 5(A) (7) of U.P. Act No.1 of 1956, there is no provision that the vehicle may be auctioned and the amount may be deposited in favour of the State Government, hence, the authority concerned has passed the impugned order in an arbitrary manner and has been passed without application of mind as such are not sustainable in the eyes of law.
Sole argument of learned counsel for the applicant is that at present the estimated value of the truck in question is about 20 lakh and the applicant is ready to deposit the same. The applicant undertakes to produce the vehicle in question as and when it is required by the court below.He has further submitted that unless the seized vehicle is released in favour of the applicant, he will be seriously prejudiced and there is no useful purpose to keep the vehicle in custody.
In support of his submission, learned counsel for the applicant has relied upon judgment of this Court in the case of Mohd Shakib vs. State of U.P. passed in Application u/s 482 No.23143 of 2021 decided on 25.08.2022 as well as Apex Court in the case of Sunder Bhai Amba Lal Desai v. State of Gujrat, 2003 (46) ACC 223.
Learned AGA has opposed the prayer made by learned counsel for the applicant.
It is not in dispute that the applicant was entitled to possession of the aforesaid vehicle. The ownership of the said vehicle was not in dispute at all. Consequently, once the prayer before the court below was made for release of the said vehicle, the Court should have considered only the question of entitlement of possession.
Considering the facts and circumstances of the case as well as material brought on record, prima facie submissions advanced by learned counsel for the applicant has force. Accordingly, the present application is disposed of with the direction to the court below to release the aforesaid Truck in question in favour of the applicant subject to the following conditions:-
(i) Applicant shall produce the original registration certificate, insurance paper before the concerned Police Station which shall be verified properly and true attested copies thereof.
(ii) Applicant shall execute a bond as per present market value of the Truck with two solvent sureties to the satisfaction of the court below concerned.
(iii) Applicant shall keep the vehicle insured at all times till the conclusion of the trial and produce the Insurance Certificate before the Trial Court as and when required; he must satisfy the Court that he is the registered owner of the vehicle.
(iv) Applicant shall not change the colour or any part of the engine and chassis number of the vehicle.
(v) Applicant shall produce the vehicle either before the Court or before such other authorities as the Court may direct.
(vi) Applicant will not transfer the vehicle to anybody else nor possession of the same be parted with until disposal of the case.
(vii) Applicant shall not allow the vehicle to be used in the commission of any offence.
It is made clear that all above exercise shall be done within a period of one month from the date of production of a certified copy of this order.
Order Date :- 31.3.2023
Ajeet
