Pankaj Bhatia ORDER
Pankaj Bhatia, J.
1. The present revision has been filed challenging the order dated 12.12.2022, whereby, the motorcycle of the revisionist bearing No. UP 71 AQ 4187 has been confiscated in exercise of powers under section 5A(7) of the UP Prevention of Cow Slaughter Act, 1955 (hereinafter referred to as the Cow Slaughter Act).
2. The facts in brief are, that an FIR was registered as Case Crime No. 0042 of 2021 under Section 8/5/3 of the Cow Slaughter Act in terms of the FIR which is contained as Annexure No. 1. It was alleged that four persons who were on two motorcycles were apprehended on being challaned, the said persons fled leaving behind the motorcycles and on the inspection of the motorcycle and the bags kept thereupon, one quintal 200 grams of beef was allegedly recovered from the bags. Subsequently, the ownership of the motorcycle was traced to the revisionist and based upon the said, the revisionist was charged of commission of an offence under Section 3/5A/8 of the Cow Slaughter Act.
3. The revisionist claiming to be the owner of the seized motorcycle, moved an application for release of the vehicle during the pendency of the case vide application dated 6.4.2021 on which a report was called. The Superintendent of Police, Fatehpur submitted his report dated 18.10.2022 stating that the revisionist was chargesheeted for commission of an offence under Section 3/5A/8 of the Cow Slaughter Act and as he was transporting the beef on the motorcycle in question, the motorcycle in question was made a case property and is liable to be confiscated.
4. The District Magistrate empowered by virtue of section 5A(7), proceeded to pass an order of confiscation (impugned), recording that in terms of the report dated 18.10.2022 given by the Superintendent of Police, Fatehpur regarding involvement of the vehicle in question in transportation of beef for which an offence was registered under Section 3/5A/8 of the Cow Slaughter Act, and as the revisionist could not produce any credible evidence to the contrary to the effect that the vehicle was not used for transportation as such, the same was liable for confiscation under section 5A(7) of the Cow Slaughter Act.
5. Counsel for the rev........