1. In pursuance to the order-sheet dated 31.1.2019, the matter is heard finally.

2. The instant petition has been filed by the petitioner against the order dated 1.12.2018 passed in Criminal Revision No. 50/2018 decided by the District and Sessions Judge, Panna.

3. On 20.7.2018 the petitioner's vehicle Bolero Pick-up bearing registration No. UP90-T-2766 was transporting five buffaloes. The Sub Inspector of Police Station Ajaygarh has made a sudden inspection and checked the vehicle in question and found that five buffaloes were being transported in very cruel manner, therefore, he seized the vehicle on the spot alongwith Buffaloes. An FIR was also registered against the driver vide Crime No. 244/2018 for the offence punishable under section 11(d) of Prevention of Cruelty to Animals Act, 1960 (for brevity "Act, 1960") read with section 66/192 of the Motor Vehicles Act, 1988.

4. During the pendency of the investigation, the petitioner preferred an application under section 457 of CrPC asking for release of the vehicle bearing registration No. UP90-T-2766. The said application was rejected by the trial Court on the ground that the vehicle sought to be released cannot be released as