IMPORTANT POINT
The rightful owner of seized property should be allowed to enjoy the property, and the power under Section 451 of the Criminal Procedure Code should be exercised judiciously and promptly.

JUDGMENT :

1. Heard Sri Anil Kumar Tiwari, learned counsel for the petitioner and Sri Ashok Kumar Singh, learned A.G.A.-I for the State and perused the record.

2. This petition under Article 227 of the Constitution of India has been filed with the following relief (s) :

(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 04.12.2023 passed by Commissioner Ayodhya, in Case No. 2243 of 2023, “Omprakash Vs. State of U.P. through District Magistrate”, Computerized Case No. C202304000002243, under Section 5-A(8) Uttar Pradesh Prevention of Cow Slaugher Act, 1955 (contained as annexure No. 6) as well as order dated 17.03.2023 passed by learned District Magistrate, Ayodhya, in Case No. 4705/2022 “State Vs. Omprakash” Computerized No. D202204230004705 under Section 5-A Uttar Pradesh Prevention of Cow Slaughter Act, 1955 as well as order dated 25.4.2023 passed by learned Session Judge, Faizabad in Criminal Revision No. 49/2023 related to Crime No. 322/2022, under Section 3/5ka/5kha/8 of Uttar Pradesh Prevention of Cow Slaughter Act, 1955, pertaining to Police Station-Raunahi, District-Ayodhya/Faizabad as contained as Annexure no. 2 and 3 to this writ petition.

(ii) Issue a writ, order or direction in the nature of mandamus to stay the operation and implementation of the impugned judgment and order dated 04.12.2023 passed by Commissioner Ayodhya, in Case No. 2243 of 2023, “Omprakash Vs. State of U.P. through District Magistrate”, Computerized Case No. C202304000002243, under Section 5-A(8) Uttar Pradesh Prevention of Cow Slaugher Act, 1955 (contained as annexure No. 6) as well as order dated 17.03.2023 passed by learned District Magistrate, Ayodhya, in Case No. 4705/2022 “State Vs. Omprakash” Computerized No. D202204230004705 under Section 5-A Uttar Pradesh Prevention of Cow Slaughter Act, 1955 as well as order dated 25.4.2023 passed by learned Session Judge, Faizabad in Criminal Revision No. 49/2023 related to Crime No. 322/2022, under Section 3/5ka/5kha/8 of Uttar Pradesh Prevention of Cow Slaughter Act, 1955, pertaining to Police Station-Raunahi, District-Ayodhya/Faizabad as contained as Annexure no. 2 and 3 and further the Hon’ble Court may kindly be pleased to release the confiscated vehicle bearing Registration No. U.P. 33 AT 3743 in favour of the petitioner, in the interest of justice.”

3. Learned A.G.A. has already filed counter affidavit and in reply thereto learned counsel for the petitioner has already filed the rejoinder affidavit, the same are available on record.

4. Learned counsel for the petitioner submits that on 13.09.2022 police of Police Station Raunhai lodged an F.I.R. bearing Case Crime No. 322/2022 under Section 3/5/5kha/8 of Uttar Pradesh Prevention of Cow Slaughter Act, 1955, Police Station Raunahi, District Faizabad/Ayodhya against two accused persons. As per prosecution case 01 calf was recovered from the vehicle of the petitioner i.e. UP33AT3743. The accused persons were carrying the said calf for the purpose to sell and they could not show the papers of the vehicles.

5. Learned counsel for the petitioner further submits that the petitioner is the registered owner of the vehicle number UP 33 AT 3743 and the petitioner is plying his business by the said vehicle as a hire purchase, the same was seized by the police.

6. Learned counsel for the petitioner further submits that the petitioner moved release application before the District Magistrate, Ayodhya and the learned Magistrate rejected the application of the petitioner vide order dated 17.03.2023 on the basis of the report submitted by the police and further directed to the police authorities to make the public auction of the confiscated vehicle in an arbitrary manner. Thereafter, the petitioner filed Criminal Revision No. 49/2023 against the order dated 17.03.2023 before the learned District and Session Judge, Faizabad, who vide order dated 25.04.2023 dismissed the said revision affirming the order dated 17.03.2023 pass