Gujarat High Court
Arjunkumar @ Arvind Satnaryan ... vs State Of Gujarat on 31 March, 2023
Bench: Samir J. Dave
R/SCR.A/10874/2021 ORDER DATED: 31/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 10874 of 2021
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ARJUNKUMAR @ ARVIND SATNARYAN PANDE
Versus
STATE OF GUJARAT
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Appearance:
MR GAJENDRA P BAGHEL(2968) for the Applicant(s) No. 1
MR RONAK RAVAL APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 31/03/2023
ORAL ORDER
1. Rule. Learned APP waives service of Rule on behalf of
respondent-State.
2. 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 order release of muddamal (i)
motorcycle of HONDA India Ltd. - Unicorn bearing Registration
No.GJ-05-HQ-4125 (ii) One Golden Color Samsung Mobile
phone being Model No. A-9 Pro and (iii) One i-Pod of Apple
Company being Model No. A-57, which were seized in
connection with the complaint being I-C.R. No.87 of 2018
R/SCR.A/10874/2021 ORDER DATED: 31/03/2023
registered with Katargam Police Station u/s. 395, 307, 397,
120(B) and 34 of IPC and section 135 of G.P. Act. on suitable
terms and conditions.
3. After making his submissions, learned advocate Mr.
Baghel states that he does not press this petition qua the
reliefs seeking release of muddamal articles Mobile Phone and
i-Pod and submitted that the present petition may be
entertained only qua the release of muddamal Motor-cycle. In
view of the above statement, the present petition is considered
only qua the relief seeking release of muddamal Motor-cycle in
question.
4. Heard learned advocate for the petitioner and learned
APP for the respondent State.
5. 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.
6. Learned APP appearing for the respondent-State
R/SCR.A/10874/2021 ORDER DATED: 31/03/2023
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.
7. 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;
"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
R/SCR.A/10874/2021 ORDER DATED: 31/03/2023
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."
8. 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 muddamal vehicle is handed over to the petitioner on
certain terms and conditions, no prejudice would be caused to
the prosecution.
9. In the result, the petition is partly allowed. The
respondent-authority is directed to release the muddamal
vehicle being motorcycle of HONDA India Ltd. - Unicorn
bearing Registration No.GJ-05-HQ-4125 only 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
R/SCR.A/10874/2021 ORDER DATED: 31/03/2023
and when directed by the trial Court;
(iii) in the event of commission of any subsequent
offence, the muddamal vehicle shall stand confiscated.
10. The petition stands disposed of accordingly. Rule is made
absolute to the above extent. Direct service is permitted.
(SAMIR J. DAVE,J)
PRAVIN KARUNAN
