The court emphasized the applicability of the specific provisions of the Acts in justifying the confiscation of the vehicle and highlighted the limited scope of revisional jurisdiction in challenging findings of fact.

JUDGMENT :

Prashant Kumar, J.

1. Heard Shri Rajendra Singh, learned counsel for the applicant and Sri Abhishek Tripathi, learned AGA for the State-opposite parties.

2. The instant application has been preferred under Section 482 of Cr.P.C. by the applicant challenging the order dated 25.07.2022 passed by the District Magistrate, Chandauli in Case No. 00050 of 2021 (State Vs. Sachidanand Rai and others) u/s 5A of U.P. Prevention of Cow Slaughter Act, 1955 (hereinafter referred to as the 'Act, 1955'), whereby, the vehicle bearing No. UP-65-JT-6056 of the applicant has been confiscated in connection with Case Crime No. 0126 of 2020, under Section u/s 3/5A/8 of Act, 1955 and Section 11 of Prevention of Cruelty to Animals Act, 1960, Police Station- Balua, District Chandauli. Applicant has also challenged the order dated 20.12.2023 passed by Additional Sessions Judge/FTC-1, Chandauli whereby the Revision preferred by the applicant challenging the order dated 25.07.2022 has been dismissed.

3. A bare perusal of the FIR shows that information was received from the informer that three Pick Up vehicles were carrying cows, calves and bulls for slaughtering. When the Police tried to catch the vehicles, 6-7 persons taking the advantage of the darkness fled away. On search of the vehicles, 29 cows and their progeny were found stuffed in the vehicles. They were in a very bad condition and white froth was coming out of their mouth.

4. The vehicles were seized under Section 3, 5A, 8 of Act, 1955 and also under Section 11 of Prevention of Cruelty to Animals Act, 1960. Thereafter, the District Magistrate passed an order in Case No. 00050 of 2021 confiscating all the vehicles used in the offence including that of the applicant. The order of the confiscation of the vehicle was challenged in the criminal revision, which was also dismissed. The confiscation order as well as the revisional order have been challenged by the applicant in the instant application.

5. Learned counsel for the applicant submits that transporting cows and other animals is not an offence per se, and he further submitted that it will be of nobody's use to keep a vehicle seized at the police station for a long period. The vehicle ought to have been released by taking appropriate bonds and guarantees as well as security. In support of his arguments, he has cited a judgement of the Hon'ble Apex Court in Sunder Bhai Amba Lal Desai v. State of Gujarat, AIR 2003 SC 638. He also cited judgements of this Hon'ble Court passed in the matter of Naushad Khan v. State of U.P. & 02 Others (Cri. Misc. Application No. 8782 of 2023) and Meraj Qureshi v. State of U.P. & 02 Others (Criminal Revision No. 3941 of 2022). He also contended that confiscation of the vehicles in question is in violation of Article 19(1)(g) and Article 300-A of the Constitution of India.

6. Learned counsel for the applicant further submits that the vehicle ought have been released as per Section 451 of Cr.P.C.

7. Per contra, Mr. Abhishek Tripathi, learned AGA submitted that the vehicle confiscated is involved in illegal transportation of cow progeny for the purposes of slaughtering and was without any valid permit which is in violation of provisions of Act, 1955. He further contended that proceedings towards confiscation of the offending vehicle and also criminal prosecution against the accused are parallelly maintainable. He further submitted that the confiscation order dated 25.07.2022 has been passed by the District Magistrate in exercise of powers conferred upon it by virtue of Section 5A(7) of the Act, 1955.

8. I have carefully considered the submissions advanced by learned counsel for the respective parties. With the able assistance, I have perused the pleadings, grounds taken in the application and annexures thereto.

9. Section 451 of Cr.P.C. is as follows:-

"451. Order for custody and disposal of property pending trial in certain cases.

- When any property is produced before any Criminal Court during any inquiry or trial, th