Allahabad High Court
Faheem Ahmad vs State Of U.P. on 6 September, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:175770
Court No. - 87
Case :- APPLICATION U/S 482 No. - 22059 of 2023
Applicant :- Faheem Ahmad
Opposite Party :- State of U.P.
Counsel for Applicant :- Irshad Ahmad
Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
1. Heard learned counsel for the applicant and learned AGA for the State-respondents.
2. The present application under section 482 Cr.P.C. has been filed for quashing the order dated 26.09.2022 passed by District Magistrate, Kannuj in Case No. 2270 of 2022 (Faheem Ahmad Versus State of U.P.), arising out of Case Crime No. 87 of 2022, under Section 5(A) of U.P. Cow Slaughter Act, 1955, Police Station-Saurikh, District- Kannauj as well as order dated 27.04.2023 passed by Session Judge, Kannauj in Criminal Revision No. Nil of 2022(Faheem Ahmad Versus State of U.P.), under Section 3/5/5A(6)/8 of Cow Slaughter Act, Police Station-Saurikh, District-Kannauj.
3. Learned counsel for the applicant submitted that earlier FIR has been lodged against the applicant and co-accused, namely, Chand@Zulfekar with the allegation of carrying cow and its progeny in truck of applicant bearing Truck No. HR 46 C 7789, which was seized by police, but later on charge sheet dated 16.05.2022 has been submitted only against the co-accused and not the applicant. He next submitted that applicant has moved an application on 10.06.2022 for release of truck on the ground that his vehicle has wrongly been seized. The said application was rejected by the District Magistrate, Kannauj vide order dated 26.09.2022. He next submitted that against the order dated 26.09.2022, applicant preferred criminal revision before District and Session Judge, Kannauj on 23.02.2023, which was rejected vide order dated 27.04.2023. He lastly submitted that the very same issue was before the Apex Court in the matter of Sunderbhai Ambalal Desai vs. State of Gujarat reported in AIR 2003 SC 638 and Apex Court after considering in detail, held that it is of no use to keep such seized vehicles at the police stations for a long period and further it is required on the part of Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles. He lastly submitted that under such facts and circumstances, impugned order is bad and liable to be quashed
4. Learned AGA could not dispute the facts as well as judgments relied by the learned counsel for the applicants
5. I have considered the rival submissions advanced by the learned counsel for the parties and perused the record as well as judgment of Sunderbhai Ambalal Desai (Supra). Relevant paragraph of the said judgment is being quoted hereinbelow:-
"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."
6. From perusal of the same, it is apparently clear that it is of no use to keep articles in police custody for years till the trial is over. Further, instead of rejecting the application, it is required on the part of District Magistrate to release the truck after obtaining appropriate bond, guarantee as well as security.
7. Therefore, under such facts and circumstances of the case as well as law laid down by the Apex Court, the order dated 26.09.2022 passed by District Magistrate, Kannauj as well as order dated 27.04.2023 passed by Session Judge, Kannauj are hereby quashed and application is allowed. District Magistrate, Kannauj is directed to take fresh decision upon the application of applicant dated 10.06.2022 in light of observation made by the Apex Court in the case of Sunderbhai Ambalal Desai (Supra) maximum within a period of four weeks from the date of production of certified copy of this order.
Order Date :- 6.9.2023
ADY
