Gujarat High Court
Vikasbhai Kamalbhai Damor vs State Of Gujarat on 15 December, 2023
NEUTRAL CITATION
R/SCR.A/8184/2021 ORDER DATED: 15/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 8184 of 2021
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VIKASBHAI KAMALBHAI DAMOR
Versus
STATE OF GUJARAT
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Appearance:
MR GAJENDRA P BAGHEL(2968) for the Applicant(s) No. 1
MS.NIDHI P BAROT(6675) 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 : 15/12/2023
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 two wheeler vehicle bearing registration
No.GJ-20-AP-3965 and to quash and set aside the
impugned order dated 13.07.2021 passed by the learned
Principal and Sessions Judge, Dahod below application
for release of Muddamal being Criminal Misc.
Application No.470 of 2021, whereby refusing to release
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R/SCR.A/8184/2021 ORDER DATED: 15/12/2023
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the muddamal vehicle.
3. Learned advocate for the petitioner submitted that on
registration of the FIR being C.R. No.11821008210014 of
2021 registered with Dahod Rural Police Station,
District : Dahod, for the offences punishable under
Section 364A of the Indian Penal Code, 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 Sessions Court, however, the
said application came to be rejected by an order dated
13.07.2021 and therefore, the present petition is filed for
the 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
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R/SCR.A/8184/2021 ORDER DATED: 15/12/2023
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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 the offence of the IPC in
question by the accused. 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.
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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
different view would not be proper.
10. Resultantly, this application is allowed. The impugned
orders dated 13.07.2021 passed by the learned Sessions
Court, Dahod below application for release of Muddamal
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being Criminal Misc. Application No.470 of 2021 dated
13.07.2021 is hereby quashed and set aside. The
authority concerned is directed to release the muddamal
two wheeler vehicle of the petitioner bearing registration
No.GJ-20-AP-3965, 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
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
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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.
(SANDEEP N. BHATT,J)
M.H. DAVE
