Gohil Jashwantsinh Pratapsinh vs State Of Gujarat
2024 Latest Caselaw 130 Guj

Citation : 2024 Latest Caselaw 130 Guj
Judgement Date : 5 January, 2024

Gujarat High Court

Gohil Jashwantsinh Pratapsinh vs State Of Gujarat on 5 January, 2024

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     R/SCR.A/3797/2021                                          ORDER DATED: 05/01/2024

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
                      NO. 3797 of 2021

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                         GOHIL JASHWANTSINH PRATAPSINH
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR. IMTIYAZ S DAYMA(6926) for the Applicant(s) No. 1
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                   Date : 05/01/2024

                                     ORAL ORDER

1. 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 vehicle i.e. Honda Activa 5G bearing

Registration No.GJ-06-MB-9819 and to quash and set

aside the impugned order dated 30.01.2021 passed by

the learned Special Judge, NDPS Court & 2 nd Additional

Sessions Court, Vadodara in Criminal Misc. Application

No.98 of 2021, whereby refusing to release the

muddamal vehicle.

2. Learned advocate for the petitioner submitted that on

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R/SCR.A/3797/2021 ORDER DATED: 05/01/2024

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registration of the FIR being C.R. No.11197047200857 of

2020 registered with Savli Police Station, District :

Vadodara for the offences punishable under Sections

8(C), 20(b) and 29 of the Narcotic Drugs and

Psychotropic Substances Act, 1985, 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.

3. Learned advocate for the petitioner submitted that for

the release of the vehicle in question, the petitioner had

approached the concerned Court, however, the said

application came to be rejected by an order dated

30.01.2021 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 a

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

abide by the conditions that may be imposed by this

Court while handing over the vehicle. He, therefore,

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urged that this petition may be allowed on suitable

conditions.

4. 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.

5. 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 transporting animals illegally by

the accused and if this motor vehicle would be released,

it may be used for transporting the same by the

petitioner. 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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6. 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.

7. 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.

8. 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.

9. Resultantly, this application is allowed. The impugned

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order dated 30.01.2021 passed by the learned Special

Judge, NDPS Court & 2 nd Additional Sessions Court,

Vadodara in Criminal Misc. Application No.98 of 2021 is

hereby quashed and set aside. The authority concerned

is directed to release the muddamal vehicle of the

petitioner, i.e. Honda Activa 5G bearing Registration

No.GJ-06-MB-9819 on the terms and conditions that the

petitioner shall :

(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;