Gujarat High Court
Mayurbhai Mansukhbhai Satodiya vs State Of Gujarat on 1 August, 2025
NEUTRAL CITATION
R/CR.RA/1238/2025 ORDER DATED: 01/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 1238 of 2025
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MAYURBHAI MANSUKHBHAI SATODIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
NIYANT R BHIMANI(8000) for the Applicant(s) No. 1
MS. JYOTI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 01/08/2025
ORAL ORDER
1. Rule. Learned A.P.P. waives service of rule on behalf of the respondent - State.
2. The present application has been preferred by the present applicant original - complainant preferred this revision application under Section 438 read with 442 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (in short "BNSS", 2023) directed against the order passed by the learned 3 rd Additional Sessions Judgeand Special NDPS Judge, Ahmedabad Rural rejecting the muddamal application of the present applicant by order dated 06.06.2025 in Criminal Misc. Application No.1637/2025.
3. Heard learned advocate Mr. Niyant R. Bhimani for the applicant. The present applicant is not an accused and the FIR so far the submitted by the owner of the Ashok Leyland Truck, Page 1 of 3 Uploaded by MR.HIMAL.R. TRIVEDI(HCD0071) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 21:56:56 IST 2025 NEUTRAL CITATION R/CR.RA/1238/2025 ORDER DATED: 01/08/2025 undefined Registration No.GJ-03-BV-0264 and present vehicle seized by the State Monitoring Cell Police Station, Gandhinagar in CR No.11995001250008/2025 for the offence punishable under Section 8(C), 20(b)(ii)(C) and 29 of the NDPS Act. Further, it is submitted that the charge sheet has already been filed and assigned the judgment of the concerned Court on the ground stated by the concerned Court is that the said vehicle again used in commission of similar type mainly on this ground, the application came to be rejected.
4. Heard learned A.P.P. Ms. Jyoti Bhatt for the respondent. It is submitted that there is a chance of said vehicle with the again used in the commission of the offence, requested to reject the present revision application.
5. Heard arguments of the learned advocate for the respective parties. Further it is not in dispute that the present applicant is not an accused in the commission of the said offence. Further, it is also not in dispute that the muddamal truck Registration No.GJ-03-BV-0264 is concerned. the said applicant is the owner of the said vehicle. Further, considering the decision of the Hon'ble Apex Court in the case of Sundarbhai Ambalal Desai Vs. State of Gujarat reported in 2003 (1) GLH 307. Considering this, the present revision application is required consideration and the trial might take long time and the muddamal truck is required to be released. The present revision application No.1238/2025, is hereby, allowed. Judgment passed by the learned 3 rd Additional Sessions Judge and Special NDPS Judge, Ahmedabad Rural Criminal Misc. Application No.1637/2025 dated 06.06.2025, is hereby, set aside, muddamal truck Registration No.GJ-03-BV-
Page 2 of 3 Uploaded by MR.HIMAL.R. TRIVEDI(HCD0071) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 21:56:56 IST 2025NEUTRAL CITATION R/CR.RA/1238/2025 ORDER DATED: 01/08/2025 undefined 0264 my be interim custody of the said vehicle by given to the present applicant on following terms and conditions.
(a) The present applicant has to furnish solvent surety of the 1.5 times of the value shown in the muddamal Pavti.
(b) Further, the present has not to transfer the said vehicle or not to create any charge on the said vehicle till final disposal of the revision application.
(c) Police has to take photographs of the present vehicle and submit before the learned trial Court.
6. Yadi of this order may be sent to the concerned RTO regarding with this Court has prohibited the transfer of the said vehicle till final disposal of the revision application with the moderation. The present application is allowed.
(L. S. PIRZADA, J) HRT Page 3 of 3 Uploaded by MR.HIMAL.R. TRIVEDI(HCD0071) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 21:56:56 IST 2025