Gujarat High Court
Hemanshu Naresh Patil vs State Of Gujarat on 21 September, 2023
Bench: M. R. Mengdey
NEUTRAL CITATION
R/SCR.A/12291/2023 JUDGMENT DATED: 21/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 12291 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE M. R. MENGDEY
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1 Whether Reporters of Local Papers may be allowed No
to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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HEMANSHU NARESH PATIL
Versus
STATE OF GUJARAT
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Appearance:
MR. DHRUVIN U MEHTA(9993) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR. RONAK B. RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 21/09/2023
ORAL JUDGMENT
1. Rule. Learned APP waives notice of rule for and on behalf
of the respondents.
2. The petitioner has preferred this petition, seeking to
NEUTRAL CITATION
R/SCR.A/12291/2023 JUDGMENT DATED: 21/09/2023
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invoke extraordinary jurisdiction of this Court under Article 226
and supervisory jurisdiction under Article 227 of the
Constitution of India with a prayer to release Muddamal Vehicle
i.e Ford Figo Car bearing RTO registration No. GJ-02-AP-3717.
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
liquor and when police authorities intercepted the same, on
carrying out the search of the said vehicle, it was found that
the Accused is carrying liquor without any pass or permit.
Therefore, an FIR being CR. NO. 11822022220272 of 2022 for
the offence punishable under the Prohibition Act came to be
registered before the Vijalpor Police Station, Navsari.
4. Heard learned advocate for the petitioner and learned
APP for the respondent.
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', AIR 2003 SC 638,
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R/SCR.A/12291/2023 JUDGMENT DATED: 21/09/2023
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wherein, the Apex Court lamented the scenario of number of
vehicles having been kept unattended and becoming junk
within the police station premises.
6. Learned APP for the respondents has objected the
submissions made by learned advocate for the petitioner and
urged that, of course, powers of this Court under Article
226 of the Constitution to order release of the vehicle can be
exercised at any time, whenever the Court deems it
appropriate.
7. The coordinate bench of this Court in the case of Musa
Khan Jat Vs. State of Gujarat (SCR.A/7190/2017), in an
identical case, released the vehicle by exercising the power
under Articles 226 and 227 of the Constitution of India.
8. It would be worthwhile to refer profitably at this stage to
the observations made by the Apex Court in 'SUNDERBHAI
AMBALAL DESAI VS. STATE OF GUJARAT' (Supra), which read
as under:
"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
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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
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."
9. Resultantly, this petition is allowed. The authority
concerned is directed to release the vehicle of the petitioner,
being Ford Figo Car bearing RTO registration No. GJ-02-AP-
3717 on the terms and conditions that the petitioner:
(i) shall 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.
NEUTRAL CITATION
R/SCR.A/12291/2023 JUDGMENT DATED: 21/09/2023
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(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.
10. 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.
11. Rule is made absolute, accordingly. Direct service is
permitted.
(M. R. MENGDEY,J)
J.N.W / 24
