Gujarat High Court
Ashokkumar Shamardas Panchal vs State Of Gujarat on 3 October, 2023
Bench: Samir J. Dave
NEUTRAL CITATION
R/SCR.A/12729/2023 ORDER DATED: 03/10/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 12729 of 2023
==========================================================
ASHOKKUMAR SHAMARDAS PANCHAL
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR JIGNESH L HAJARE(3994) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR BV PANDYA APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 03/10/2023
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 release the muddamal vehicle being
HYUNDAI MOTOR INDIA LTD. - VERNA CRDI bearing
Registration No.GJ-15-CH-1028 on suitable terms and
conditions.
NEUTRAL CITATION
R/SCR.A/12729/2023 ORDER DATED: 03/10/2023
undefined
3. The case of the prosecution is that while the police
personnel were on patrolling, they received a secret
information of the vehicle in question carrying prohibited
liquor. When they intercepted and searched the vehicle, it was
found to be carrying prohibited liquor, without any pass or
permit. Therefore, a complaint being FIR Part-C
No.11822009231410 was registered with Chikhli Police Station
for the offence punishable under the Gujarat Prohibition Act.
4. Heard learned advocate for the petitioner and learned
APP for the respondent State.
5. It has been urged by learned advocate for the petitioner
that this Court has wide powers under Article 226 of the
Constitution. Attention was drawn to the ratio laid down by
the Apex Court in the case of SUNDERBHAI AMBALAL DESAI
VS. STATE OF GUJARAT', AIR 2003 SC 638, wherein, the
Apex Court lamented the scenario of a number of vehicles
having been kept unattended and becoming junk within the
police station premises. The relevant observations made by the
Apex Court in the said judgment reads thus:
"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
NEUTRAL CITATION
R/SCR.A/12729/2023 ORDER DATED: 03/10/2023
undefined
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 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 applications for return of
such vehicles."
6. In the result, this petition is allowed. The respondent-
authority concerned is directed to release the muddamal
vehicle of the petitioner being HYUNDAI MOTOR INDIA LTD. -
VERNA CRDI bearing Registration No.GJ-15-CH-1028 on the
condition that the petitioner:
(i) shall furnish a solvent surety of the amount
equivalent to the value of the vehicle in question as
disclosed in the seizure memo or panchnama.
NEUTRAL CITATION
R/SCR.A/12729/2023 ORDER DATED: 03/10/2023
undefined
(ii) shall file an undertaking before the trial Court that
he will not sell, alienate or transfer the vehicle in
question without the prior permission of the concerned
Court or till conclusion of trial and shall produce the
vehicle as and when directed by the trial Court;
(iii) in the event of any subsequent offence involving the
vehicle in question, the same shall stand confiscated.
6.1 Before handing over possession of the vehicle to the
petitioner, the Investigating Officer shall take necessary
photographs of the vehicle and shall also draw a detailed
panchnama, if not already drawn, for the purpose of trial.
Rule is made absolute accordingly. Direct service is permitted.
(SAMIR J. DAVE,J)
PRAVIN KARUNAN
