Gujarat High Court
Manishbhai Maganbhai Kapadiya vs State Of Gujarat on 26 September, 2023
Bench: Sandeep N. Bhatt
NEUTRAL CITATION
R/SCR.A/12250/2021 ORDER DATED: 26/09/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 12250 of 2021
==========================================================
MANISHBHAI MAGANBHAI KAPADIYA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR ANAND B GOGIA(5849) for the Applicant(s) No. 1
MR BB GOGIA(5851) for the Applicant(s) No. 1
MS KAJAL L KALWANI(6623) for the Applicant(s) No. 1
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
RULE NOT RECD BACK for the Respondent(s) No. 2
==========================================================
CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 26/09/2023
ORAL ORDER
1. 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 Bolero Car bearing Registration No.GJ-03-LB-
1976 on suitable terms and conditions.
2. On 12.11.2020 a complaint being FIR
No.11213015201549 came to be registered with Gondal City
Police Station for the offences punishable u/s. 3(1)(1), 3(1)(2),
3(4) and 3(5) of the GUJCTOC Act. The petitioner herein is
not an accused in the alleged offence; however, it is the case
NEUTRAL CITATION
R/SCR.A/12250/2021 ORDER DATED: 26/09/2023
undefined
of the prosecution that the muddamal Car in question
belonging to the petitioner was used in the alleged criminal
activity and therefore, the said vehicle came to be
confiscated.
3. Heard learned advocate for the petitioner and learned
APP for the respondent State.
4. 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.
5. Learned APP appearing for the respondent-State
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.
6. 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:-
NEUTRAL CITATION
R/SCR.A/12250/2021 ORDER DATED: 26/09/2023
undefined
"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 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."
7. 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
NEUTRAL CITATION
R/SCR.A/12250/2021 ORDER DATED: 26/09/2023
undefined
muddamal vehicle is handed over to the petitioner on certain
terms and conditions, no prejudice would be caused to the
prosecution.
8. In the result, the petition is allowed. The respondent-
authority is directed to release the muddamal vehicle being
Bolero Car bearing Registration No.GJ-03-LB-1976 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
and when directed by the trial Court;
(iii) in the event of commission of any subsequent
offence, the muddamal vehicle shall stand confiscated.
9. The petition stands disposed of accordingly. Rule is
made absolute accordingly. Direct service is permitted.
(SANDEEP N. BHATT,J)
R.S. MALEK
