NEUTRAL CITATION
R/SCR.A/8726/2021 ORDER DATED: 11/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 8726 of 2021
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JAGDISHBHAI RAMANBHAI THAKORE
Versus
STATE OF GUJARAT
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Appearance:
MR.MINHAJ M SHAIKH(6847) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3
MS MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 11/10/2023
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor waives service of notice of Rule for respondents.
2. The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Article 227 of the Constitution of India for the release of the muddamal vehicle i.e. Maruti Ecco bearing Registration No.GJ-23-M-5684 and to quash and set aside the impugned orders dated 17.02.2021 passed by the learned Judicial Magistrate, First Class, Tarapur below application for release of Muddamal and dated 17.03.2021 passed by the learned 6 th Additional Sessions Page 1 of 6 Downloaded on : Wed Oct 11 20:52:16 IST 2023 NEUTRAL CITATION R/SCR.A/8726/2021 ORDER DATED: 11/10/2023 undefined Judge, Khambhat in Criminal Revision Application No.4 of 2021, whereby refusing to release the muddamal vehicle.
3. Learned advocate for the petitioner submitted that on registration of the FIR being C.R. No.11215029210027 of 2021 registered with Tarapur Police Station, District Anand, for the offences punishable under Sections 279 and 114 of the Indian Penal Code, Sections 11(1)(D), 11(1)(E), 11(1)(F) of the Animal Cruelty Act and Sections 6(A) and 8(4) of the Animal Preservation Act, the vehicle of the petitioner has been seized as muddamal in connection with the aforesaid offence, however, the said vehicle is duly registered with the transport department of the Government and in support of it, RC Book is placed on record.
4. Learned advocate for the petitioner submitted that for the release of the vehicle in question, the petitioner had approached the concerned Magistrate Court, however, the said application came to be rejected by an order dated 17.02.2021 and, hence, the petitioner had approached the concerned Sessions Court against the said order, which also came to be rejected by an order dated 17.03.2021 and, therefore, the present petition is filed for the release of the vehicle in question. He further, under the Page 2 of 6 Downloaded on : Wed Oct 11 20:52:16 IST 2023 NEUTRAL CITATION R/SCR.A/8726/2021 ORDER DATED: 11/10/2023 undefined instructions, submitted that the petitioner is the registered owner of the vehicle in question and till date, the vehicle in question is not involved in any other case and even no one has claimed for the interim custody of the muddamal vehicle and if the interim custody of the said vehicle is handed over to the petitioner, he will abide by the conditions that may be imposed by this Court while handing over the vehicle. He, therefore, urged that this petition may be allowed on suitable conditions.
5. Learned advocate for the petitioner has urged that this Court has wide powers, while exercising such powers under Article 226 of the Constitution. It can also take into account the ratio laid down in the case of 'SUNDERBHAI AMBALAL DESAI VS. STATE OF GUJARAT', reported in AIR 2003 SC 638, wherein, the Apex Court lamented the scenario of number of vehicles having been kept unattended and becoming junk within the police station premises. Learned advocate has also placed reliance upon the orders passed by the Coordinate Bench of this Court.
6. Learned APP for the respondent-State has strongly objected the submissions made by learned advocate for the petitioner and submitted that the vehicle in question was used for transporting animals illegally by Page 3 of 6 Downloaded on : Wed Oct 11 20:52:16 IST 2023 NEUTRAL CITATION R/SCR.A/8726/2021 ORDER DATED: 11/10/2023 undefined the accused and if this motor vehicle would be released, it may be used for transporting the same by the petitioner. However after referring to the documents produced on record with regard to registration of certification and Identity Card, it is submitted that the petitioner is the owner of the vehicle.
7. On thus hearing both the sides, this Court is of the opinion to exercise the powers under Articles 226 and 227 of the Constitution in favour of the applicant at this stage.
8. Further, from the submissions canvassed by learned advocate for the petitioner, it is revealed that if the vehicle in question is not released, ultimately it would reduce to scrape and further the land / space of the campuses of police stations are also reduced to scrapyards. As against this, continuing the vehicle in police custody as muddamal, for various reasons, hardly turns out to be a factor for furtherance of dispensation of justice, on conclusion of the trial, as and when that stage is reached.
9. The Co-ordinate Benches of this Court in number of cases, some of which are noted above, have released the vehicles. This Court has taken into consideration those decisions and the judgments / orders referred in those decisions. Having considered the same, taking any Page 4 of 6 Downloaded on : Wed Oct 11 20:52:16 IST 2023 NEUTRAL CITATION R/SCR.A/8726/2021 ORDER DATED: 11/10/2023 undefined different view would not be proper.
10. Resultantly, this application is allowed. The impugned orders dated 17.02.2021 passed by the learned Judicial Magistrate, First Class, Tarapur below application for release of Muddamal and dated 17.03.2021 passed by the learned 6 th Additional Sessions Judge, Khambhat in Criminal Revision Application No.4 of 2021 are hereby quashed and set aside. The authority concerned is directed to release the vehicle of the petitioner, muddamal vehicle i.e. Maruti Ecco bearing Registration No.GJ-23-M-5684, on the terms and conditions that the petitioner:
(i) furnish a solvent surety of the amount equivalent to the value of the vehicle in question as per the value disclosed in the seizure memo or panchnama;
(ii) shall file an undertaking before the trial Court that prior to alienation or transfer in any mode or manner, prior permission of the concerned Court shall be taken till conclusion of the trial;
(iii) shall also file an undertaking to produce the vehicle as and when directed by the trial Court;
(iv) in the event of any subsequent offence, the Page 5 of 6 Downloaded on : Wed Oct 11 20:52:16 IST 2023 NEUTRAL CITATION R/SCR.A/8726/2021 ORDER DATED: 11/10/2023 undefined vehicle shall stand confiscated .
(v) shall not use this vehicle in transporting liquor in future.
(vi) Before handing over the possession of the vehicle to the petitioner, necessary photographs shall be taken and a detailed panchnama in that regard, if not already drawn, shall also be drawn for the purpose of trial.
(vii) If, the IO finds it necessary, videography of the vehicle also shall be done. Expenses towards the photographs and the videography shall be borne by the petitioner.
11. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/ authority forthwith.
(SANDEEP N. BHATT,J) M.H. DAVE Page 6 of 6 Downloaded on : Wed Oct 11 20:52:16 IST 2023