Gujarat High Court
Neelam Subhash Gupta vs State Of Gujarat on 13 July, 2022
Bench: Samir J. Dave
R/CR.RA/359/2022 ORDER DATED: 13/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 359 of 2022
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NEELAM SUBHASH GUPTA
Versus
STATE OF GUJARAT
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Appearance:
MR SALIM M SAIYED(5172) for the Applicant(s) No. 1
MR R. C. KODEKAR, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 13/07/2022
ORAL ORDER
1) Rule. Learned APP Mr. R. C. Kodekar waives service of notice for
and on behalf of Respondent-State.
2) The applicant has preferred this application under section 397 of
the Code of Criminal Procedure, Code, 1973 for quashing and
setting aside of the order dated 26.07.2021 passed by learned
Sessions Judge, Navsari and thereby release of the muddamal
vehicle i.e. KTM RC 900 bearing Registration No.MH-47-AH-
9999.
3) Learned advocate for the applicant submitted that on registration of
the FIR being C.R. No.II-1066/2019 registered with Navsari Rural
Police Station, District Navsari for the offences under the provision
of the Narcotic Drugs and Psychotropic Substances Act, 1985, the
vehicle of the applicant 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 at Page No.21 of the
R/CR.RA/359/2022 ORDER DATED: 13/07/2022
compilation.
4) Learned advocate for the applicant submitted that for the release of
the vehicle in question, the applicant had approached the concerned
Sessions Court, however, the said application came to be rejected
by an order dated 26.07.2021 and, therefore, the present application
is filed for release of the vehicle in question. He further, under the
instructions, submitted that the applicant 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 applicant, he will abide by
the conditions that may be imposed by this Court while handing
over the vehicle. He further submits under the instructions that the
vehicle in question is not involved in any other case. He, therefore,
urged that this petition may be allowed on suitable conditions.
5) Learned APP for the respondent-State has strongly objected the
submissions made by learned advocate for the applicant and
submitted that vehicle in question was used for transporting
contraband articles by the accused and if this motor vehicle would
be released, it will be used for transporting contraband material by
the applicant. However after referring to the documents produced
on record with regard to registration of certification and Identity
Card, it is submitted that the applicant is the owner of the vehicle.
6) It is important to refer to 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
R/CR.RA/359/2022 ORDER DATED: 13/07/2022
junk within the police station premises.
7) Further, from the submissions canvassed by learned advocate for
the applicant, 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.
8) 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
different view would not be proper.
9) Resultantly, this application is allowed. The impugned order is
hereby quashed and set aside. The authority concerned is directed
to release the vehicle of the applicant, muddamal vehicle i.e. MH-
47-AH-9999, on the terms and conditions that the applicant:
(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;
R/CR.RA/359/2022 ORDER DATED: 13/07/2022
(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 vehicle
shall stand confiscated .
(v) shall not use this vehicle in transporting contraband
articles in future.
(vi) Before handing over the possession of the vehicle to
the applicant, 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 applicant.
10) Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(SAMIR J. DAVE,J)
MEHUL B. TUVAR
