Ayaz Ahmad v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 5 Others
Case brief
What is this about?
Allahabad High Court (Lucknow Bench), Criminal Misc. Writ Petition No. 2353 of 2026, decided 26.03.2026 by Subhash Vidyarthi, J. Writ petition by Ayaz Ahmad challenging confiscation of his Bolero (UP 50 CC 2502) under S. 5(ka), U.P. Go-Vadh Nivaran Adhiniyam 1955 allowed. Orders dated 28.06.2024 (District Magistrate, Gonda, Case No. 972 of 2024) and 16.04.2025 (Commissioner, Devipatan Mandal, dismissing Appeal No. 1841 of 2024) quashed; SHO, P.S. Parsapur directed to release the vehicle. Key point: confiscation under S. 5-ka(7) unjustified where no police-report or DM finding linked the seized vehicle itself to transport of cow/beef/progeny; the incriminating finding concerned a truck carrying five bovines, with the Bolero only parked nearby.
What did the court decide?
Writ petition allowed; orders dated 28.06.2024 (District Magistrate, Gonda) and 16.04.2025 (Commissioner, Devipatan Mandal) quashed; respondent No. 5, Station House Officer, Police Station Parsapur, District Gonda directed to ensure immediate release of the petitioner's Bolero vehicle bearing registration No. UP 50 CC 2502 in favour of the petitioner.