Mohammad Ehtemam v. State of U.P & Anr.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The instant application has been preferred with the prayer to quash the order dated 09.05.2023 passed by the Joint Police Commissioner, Commissionerate, Kanpur Nagar in Case No. 04 of 2021 titled State v. Mohd. Ehtimam) arising out of Case Crime No. 230 of 2021, under Section 5A/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, 1960, registered at P.S. Naubasta, District Kanpur Nagar with a further prayer to release the vehicles of applicant i.e. bearing registration no. UP 70 ET-1366, in favour of applicant.

Learned counsel for the applicant states that the applicant is owner of the vehicle bearing registration no. UP 70 ET-1366, which was found to be involved in commission of offence registered by the Police in the aforesaid case. The said vehicle was seized by the police with the allegation of transportation of cow progeny. Thereafter, the applicant moved an application before the Joint Commissioner of Police, Kanpur Nagar for release of the vehicles, but vide order dated 25.01.2022 the application was rejected. Thereafter, the applicant has preferred Criminal Revision No. 76 of 2022, which was remanded back to the Joint Commissioner of Police for passing order afresh, vide order dated 17.09.2022. On such direction, the Joint Commissioner of Police considered the matter and rejected the application of the applicant, vide order dated 09.05.2023. The vehicle is lying in the police custody since 24.03.2021 which is causing inconvenience to the business of the applicant. He further contends that the vehicle was the only source of income of his family because of seizure of the said vehicle, entire family is facing hardship.

Aggrieved by the order dated 09.05.2023, the applicant has preferred the instant application before this Court for release of the vehicle in his favour.

On perusal of the report, it transpires that the vehicle was seized on 24.03.2021. It can safely be presumed that the investigation by the police must have been completed by now, and therefore, there is no reason for the investigating officer to the keep the vehicle in Police Station.

In view of law laid down by Hon'ble Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat 2002 SCC Online SC 934, let the vehicles be released in favour of the applicant subject to the conditions that applicant shall produce the vehicles as and when required by the Police or the Court where the trial is pending; during the pendency of the trial, applicant shall not sell or dispose of the vehicle. The other conditions viz. security bond etc., shall be decided by the trial Court as the Court may deem fit and proper.