Gujarat High Court
Sarfarazbhai Ummarbhai Multani vs State Of Gujarat on 2 January, 2024
NEUTRAL CITATION
R/SCR.A/12096/2023 ORDER DATED: 02/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 12096 of 2023
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SARFARAZBHAI UMMARBHAI MULTANI
Versus
STATE OF GUJARAT
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Appearance:
MR MOIZ S QURESHI(12981) for the Applicant(s) No. 1
MS DIVYANGANA JHALA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 02/01/2024
ORAL ORDER
RULE. Learned APP waives notice of rule for and on behalf
of the respondents.
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 so also inherent powers of this Court under Section 482 of
the Code of Criminal Procedure, 1973 with a prayer to release
Muddamal Vehicle i.e BOLERO PICKUP MAHINDRA bearing RTO
registration No.GJ-16-X-3642.
2. 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 animals and when police
authorities intercepted the same, on carrying out the search of
the said vehicle, its driver was found carrying animals without
NEUTRAL CITATION
R/SCR.A/12096/2023 ORDER DATED: 02/01/2024
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any pass or permit. Therefore, an FIR being I - C.R.
No.11209014220116 of 2022 registered with Ganbhoi Police
Station, Sabarkantha for the offence punishable under the
Animals Cruelty Act.
3. Heard learned advocate for the petitioner and learned APP
for the respondents.
4. Learned Advocate for the petitioner has urged that this
Court has wide 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 Hon'ble Apex Court lamented the
scenario of number of vehicles having been kept unattended and
becoming junk within the police station premises.
5. 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 but this is
not a fit case to exercise the jurisdiction and hence, requested to
dismiss the petition.
6. It appears that in the present case, Section 6(a) of the
Prevention of Cruelty to Animals Act, 1960, is also involved.
There is no presumption that the vehicle has been used for
slaughtering purposes. It further appears that the Co-ordinate
Bench of this Court, as well as this Court itself, has time and
again directed the police authority to verify whether proceedings
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R/SCR.A/12096/2023 ORDER DATED: 02/01/2024
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of confiscation have commenced or not. The Court also warned
the Investigating Officer that non-observance of this order shall
be viewed seriously. Today, when the matter is taken up for
hearing, Mr. Yogendrasinh Ranusinh, Head Constable, is
personally present before this Court and has produced a report.
The same is taken on record.
7. However, the report produced by the police or Head
Constable has not disclosed anything about the initiation of
proceedings for the confiscation of the vehicle. Therefore, the
Court has no option but to release the vehicle.
8. This Court has relied on judgment passed Apex Court in
the case of Iqbal Singh Marwah v. Meenakshi Marwah, reported
in 2005 SCC OnLine SC 531 and in the case of Arvindkumar
Babulal Khandelval v. State of Gujarat, reported in ABC 2015
(II0 363 GUJ wherein the Court has observed as under:
"A restriction under Bombay Animal preservation Act to
release of the vehicle would apply only in a case where the
animals are being transported for the purpose of
slaughter."
9. It would be worthwhile to refer profitably at this stage to the
observations made by the Hon'ble Apex Court in the case of
Sunderbhai Ambalal Desai (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
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R/SCR.A/12096/2023 ORDER DATED: 02/01/2024
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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 applications for return of such
vehicles."
10. Resultantly, this petition is allowed.
11. The learned Trial Court / authority concerned is directed
to release the vehicle of the petitioner being BOLERO PICKUP
MAHINDRA bearing RTO registration No.GJ-16-X-3642 on the
terms and conditions that the petitioner:
(i) shall furnish a solvent surety of the amount
equivalent to the price of the vehicle in question
stated in the FIR / panchnama.
(ii) shall file undertaking before the learned Trial Court
that he shall not transfer / change the identity, color
etc. of the vehicle till final disposal of the trial.
(iii) shall produce the vehicle as and when directed by
the learned Trial Court.
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R/SCR.A/12096/2023 ORDER DATED: 02/01/2024
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(iv) in the event of any subsequent offence, the vehicle
shall stand confiscated.
12. Before release of the vehicle, concerned police authority
shall take photographs / identity of the vehicle from all sides at
the cost of the petitioner and shall draw necessary panchanama
to that effect. Said panchanama and photographs shall be part
of charge sheet papers for the purpose of trial.
13. Copy of this order be send to concerned RTO, where the
vehicle is registered, for necessary entry in the Register and to
take notice that this Court has restrained transfer of vehicle till
final disposal of the trial. Such transfer shall be subject to any
order that may be passed by the learned Trial Court permitting
transfer of vehicle.
14. Rule is made absolute accordingly. Direct service is
permitted.
(HASMUKH D. SUTHAR,J)
ALI
