Gujarat High Court
Arifbhai Kasambhai Mansuri vs State Of Gujarat on 11 December, 2023
NEUTRAL CITATION
R/SCR.A/7797/2021 ORDER DATED: 11/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 7797 of 2021
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ARIFBHAI KASAMBHAI MANSURI
Versus
STATE OF GUJARAT
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Appearance:
MR MOIZ S QURESHI(12981) for the Applicant(s) No. 1
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1 - State
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 11/12/2023
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor waives
service of notice of Rule for respondent - State,
forthwith.
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. Eicher Tempo bearing Registration
No.GJ-16-AU-5031 and to quash and set aside the
impugned orders dated 19.02.2021 passed by the learned
Judicial Magistrate, First Class, Netrang below
application for release of Muddamal and dated
12.04.2021 passed by the learned 6
th
Additional Sessions
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R/SCR.A/7797/2021 ORDER DATED: 11/12/2023
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Judge, Ankleshwar, District : Bharuch in Criminal
Revision Application No.8 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.11199005210047 of
2021 registered with Netrang Police Station, District
Bharuch, for the offences punishable under Sections
11(1)(d), 11(1)(e), 11(1)(f), 11(1)(h) of the Animal Cruelty
Act, Sections 4 and 9(1) of the Gujarat Essential
Commodities Act and Cattle (Control) Act and Section
125(e) of the Central Motor Vehicles 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
19.02.2021 and, hence, the petitioner had approached the
concerned Sessions Court against the said order, which
also came to be rejected by an order dated 12.04.2021
and, therefore, the present petition is filed for the
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R/SCR.A/7797/2021 ORDER DATED: 11/12/2023
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release of the vehicle in question. He further, under the
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
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question was used for transporting animals illegally by
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
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R/SCR.A/7797/2021 ORDER DATED: 11/12/2023
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decisions. Having considered the same, taking any
different view would not be proper.
10. Resultantly, this application is allowed. The
impugned orders dated 19.02.2021 passed by the learned
Judicial Magistrate, First Class, Netrang below
application for release of Muddamal and dated
12.04.2021 passed by the learned 6
th
Additional Sessions
Judge, Ankleshwar, District : Bharuch in Criminal
Revision Application No.8 of 2021 are hereby quashed
and set aside. The authority concerned is
directed to release the vehicle of the petitioner,
muddamal vehicle i.e. Eicher Tempo bearing Registration
No.GJ-16-AU-5031, 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
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Court;
(iv) in the event of any subsequent offence, the
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
