JUDGMENT :

SAURABH SHYAM SHAMSHERY, J.

1. The applicant is an owner of a truck which was involved in carrying cow progeny and was intercepted and accordingly, a case was registered being Case Crime No. 180 of 2020 under Sections 419, 420, 467, 468, 471 I.P.C. and 3/5-A/5-B/8 of U.P. Prevention of Cow Slaughter Act, 1955.

2. During investigation, it was found that owner of confiscated vehicle was the applicant and accordingly, proceedings were initiated against him under Section 5A read with Section 5B of Act of 1955. In these circumstances, the applicant has approached the Court of District Magistrate to release the truck.

3. The said truck was on road with a fake registration number plate i.e. UP-70-FT-5844, however, the actual registration number of vehicle was UP-70-FT-7707 owned by applicant. The application for release of truck was dismissed by District Magistrate, Chandauli by impugned order dated 18.11.2021 on the ground that the vehicle owner was failed to take reasonable steps to avoid illegal use of his vehicle.

4. Sri Ashok Kumar Yadav, learned counsel for applicant submits that he is the owner of vehicle and the driver of vehicle has misused his permission and he was not dir