Allahabad High Court
Amit Kumar Verma vs State Of U.P. And Another on 1 July, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:100964 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20960 of 2025 Applicant :- Amit Kumar Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicant and learned A.G.A. for State.
2. The instant application has been preferred for quashing judgement and order dated 08.05.2025 passed by District Magistrate, Ballia in Criminal Case no. 343 of 2025 (State vs. Amit Kumar Verma) (Computer Case no. D202515090000343), under Section 5(A) of U.P.Prevention of Cow Slaughter Act, arising out of Case Crime no. 62 of 2025 under Section 3/5A/8 of Prevention of Cow Slaughter Act, and Section 11 of Animal Cruelty Act, PS- Sikanderpur, District Ballia and further be pleased to direct the concerned Police of Police Station Sikanderpur, District Ballia to release of vehicle TATA Magic no. UP60BT4816 in favour of applicant which is case property of Case Crime no. 62 of 2025.
3. Learned counsel for the applicant submitted that the applicant has been falsely implicated in this case and he has no knowledge about the fact that the act committed by him is illegal, whereas in the instant matter, he has already been extended anticipatory bail. It is further submitted that relevant documents has been brought on record, which shows that the applicant is owner of vehicle in question, i.e., TATA Magic bearing no. UP60BT4816 and no useful purpose shall be served by way of keeping the vehicle in question at police station concerned. However, vehicle in question has been seized vide impugned order dated 08.05.2025 passed by District Magistrate, Ballia.
4. Referring to aforesaid facts as well as contents of F.I.R. as also the impugned seizure order, it is submitted that detention of the vehicle for a long time at the police station is likely to diminish its value and ultimately the vehicle may become junk. Placing reliance on the decision of Hon'ble the Apex Court in Sunderbhai Ambalal Desai Vs. State of Gujarat, 2003 (1) JIC 615 (SC), it is submitted that the Apex Court has held that "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." It is lastly submitted that applicant is willing to fulfill all conditions imposed upon him for release of the vehicle in question.
5. On the other hand, learned A.G.A. submitted that since vehicle in question was related to the applicant, who has been implicated in pursuance to sections of U.P. Cow Slaughter Act, the competent authorities while seizing the vehicle have not committed any illegality. Impugned order does not suffer from any infirmity or illegality warranting interference by this Court.
6. I have considered the rival submissions made by learned counsel for the parties and have gone through the entire record carefully, wherein it is submitted by learned counsel for applicant that applicant has already been granted anticipatory bail in the instant matter and the vehicle in question is still kept at police station concerned.
7. Accordingly, the present petition is allowed. Impugned order dated 08.05.2025 passed by District Magistrate, Ballia in Criminal Case no. 343 of 2025 (State vs. Amit Kumar Verma) (Computer Case no. D202515090000343), under Section 5(A) of U.P.Prevention of Cow Slaughter Act, arising out of Case Crime no. 62 of 2025 under Section 3/5A/8 of Prevention of Cow Slaughter Act, and Section 11 of Animal Cruelty Act, PS- Sikanderpur, District Ballia, is hereby set-aside. The authority concerned is hereby directed to release the vehicle in shape of TATA Magic bearing no. UP60BT4816 in favour of its registered owner, i.e., applicant subject to deposition of entire market value of vehicle in question as surety before authority concerned before release, subject to following terms and conditions as mentioned below :-
(i) The applicant shall produce the vehicle in question as and when the learned concerned court will require during trial of aforementioned case crime number.
(ii) The applicant shall not put for sale the vehicle in question by transferring the same to any third party.
(iii) The applicant shall also not change the nature and color of the vehicle in question in any manner during pendency of said case crime number.
Order Date :- 1.7.2025 Shaswat