NEUTRAL CITATION
R/SCR.A/12250/2021 ORDER DATED: 26/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 12250 of 2021
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MANISHBHAI MAGANBHAI KAPADIYA
Versus
STATE OF GUJARAT
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Appearance:
MR ANAND B GOGIA(5849) for the Applicant(s) No. 1
MR BB GOGIA(5851) for the Applicant(s) No. 1
MS KAJAL L KALWANI(6623) for the Applicant(s) No. 1
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
RULE NOT RECD BACK for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 26/09/2023
ORAL ORDER
1. By way of this petition, the petitioner has sought invocation of the extra-ordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Article 227 of the Constitution of India so also the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 with a prayer to release the muddamal vehicle being Bolero Car bearing Registration No.GJ-03-LB- 1976 on suitable terms and conditions.
2. On 12.11.2020 a complaint being FIR No.11213015201549 came to be registered with Gondal City Police Station for the offences punishable u/s. 3(1)(1), 3(1)(2), 3(4) and 3(5) of the GUJCTOC Act. The petitioner herein is not an accused in the alleged offence; however, it is the case Page 1 of 4 Downloaded on : Wed Sep 27 20:45:34 IST 2023 NEUTRAL CITATION R/SCR.A/12250/2021 ORDER DATED: 26/09/2023 undefined of the prosecution that the muddamal Car in question belonging to the petitioner was used in the alleged criminal activity and therefore, the said vehicle came to be confiscated.
3. Heard learned advocate for the petitioner and learned APP for the respondent State.
4. Attention of the Court was invited to the judgment of the Apex Court in the case of Sunderbhai Ambalal Desai v. State of Gujarat, AIR 2003 SC 638, wherein the Court has ordered release of muddamal vehicle while lamenting the scenario of a number of vehicles having been kept unattended and becoming scrap within the police station premises or at any other designated places.
5. Learned APP appearing for the respondent-State vehemently contended that the muddamal vehicle was involved in the commission of alleged offence and accordingly, urged that the present petition may not be entertained.
6. Heard learned advocates on both the sides and perused the documents on record. Considering the facts of the case, it would be beneficial to refer to the decision of Apex Court in the case of Sunderbhai Ambalal Desai, particularly, on the following observations:-
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NEUTRAL CITATION R/SCR.A/12250/2021 ORDER DATED: 26/09/2023 undefined "15. Learned senior counsel Mr. Dholakia, appearing for the State of Gujarat further submitted that at present in the police station premises, number of vehicles are kept unattended and vehicles become junk day by day. It is his contention that appropriate directions should be given to the Magistrates who are dealing with such questions to hand over such vehicles to its owner or to the person from whom the said vehicles are seized by taking appropriate bond and the guarantee for the return of the said vehicles if required by the Court at any point of time.
16. However, the learned counsel appearing for the petitioners submitted that this question of handing over vehicles to the person from whom it is seized or to its true owner is always a matter of litigation and a lot of arguments are advanced by the concerned persons.
17. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of application for return of such vehicles."
7. Considering the facts of the present case and the principle rendered in the case of Sunderbhai Ambalal Desai (supra), this Court is of the opinion that if the interim custody of Page 3 of 4 Downloaded on : Wed Sep 27 20:45:34 IST 2023 NEUTRAL CITATION R/SCR.A/12250/2021 ORDER DATED: 26/09/2023 undefined muddamal vehicle is handed over to the petitioner on certain terms and conditions, no prejudice would be caused to the prosecution.
8. In the result, the petition is allowed. The respondent- authority is directed to release the muddamal vehicle being Bolero Car bearing Registration No.GJ-03-LB-1976 on condition that the petitioner ;
(i) shall furnish, by way of security, Bond and Solvent Surety of the amount equivalent to what has been mentioned in the seizure memo / panchnama;
(ii) shall file an Undertaking before the trial Court concerned that he shall not alienate or transfer or sell the vehicle in any manner to any third party till the conclusion of trial and shall also produce the vehicle as and when directed by the trial Court;
(iii) in the event of commission of any subsequent offence, the muddamal vehicle shall stand confiscated.
9. The petition stands disposed of accordingly. Rule is made absolute accordingly. Direct service is permitted.
(SANDEEP N. BHATT,J) R.S. MALEK Page 4 of 4 Downloaded on : Wed Sep 27 20:45:34 IST 2023