State Of Gujarat vs Parmar Mahendrabhai Ramabhai
2025 Latest Caselaw 1741 Guj

Gujarat High Court

State Of Gujarat vs Parmar Mahendrabhai Ramabhai on 10 January, 2025

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                             R/SCR.A/330/2021                                     ORDER DATED: 10/01/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 330 of 2021

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                                                      STATE OF GUJARAT
                                                            Versus
                                                PARMAR MAHENDRABHAI RAMABHAI
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                       Appearance:
                       MR MANAN MAHETA, APP for the Applicant(s) No. 1
                       JIGNESHKUMAR M NAYAK(8558) for the Respondent(s) No. 1
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                          CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                                              Date : 10/01/2025

                                                               ORAL ORDER

1. By way of present application filed under Section 482 of the Criminal Procedure Code, the present applicant-State of Gujarat seeks to invoke extra ordinary inherent jurisdiction of this Hon'ble Court by praying to quash and set aside order dated 26/08/2020 passed below Exh.5 in Criminal Revision Application No.745 of 2020 by learned Principal Sessions Judge, Gandhinagar and condone the delay of 156 days in preferring the said criminal revision application. The applicant-State of Gujarat has further prayed this Court to quash and set aside the order dated 25/11/2019 passed by learned Judicial Magistrate First Class, Gandhinagar in Criminal Misc. Application No.86 of 2019 and permit the present applicant-State of Gujarat to detain the vehicle involved in the commission of the crime.

2. Mr. Manan Maheta, learned APP appearing for the

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applicant - State of Gujarat has submitted that the applicant herein is State of Gujarat and the respondent herein is original accused.

2.1. One criminal complaint has been registered against the respondent accused under Section 65-E, 116-B and 98(2) of the Gujarat Prohibition Act vide CR No.III-159 of 2019 on 13/09/2019. The respondent accused has been caught red handed by carrying muddamal liquor in his vehicle and therefore the offence has been registered.

2.2. Pursuant to the registration of the FIR, investigation has been carried out and ultimately at the end of the day charge sheet has been submitted.

2.3. During the interregnum period, an application being Muddamal Criminal Misc. Application No.86 of 2019 has been preferred by the respondent accused to get back custody of the the vehicle involved in the offence. The said application has been entertained by the learned Judicial Magistrate First Class, Gandhinagar vide order dated 25/11/2019.

2.4. Being aggrieved and dissatisfied with the said order of the learned Judicial Magistrate First Class, Gandhinagar, Criminal Revision Application No.745 of 2020 has been preferred before the Sessions Court, Gandhinagar to assail the said order. As there was delay of 156 days in preferring the said Criminal Revision Application, the delay condonation application below Exh.5 has also been preferred wherein

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notice has been issued, other side has raised objections and after considering and appreciating all the material available on record, the Principal Sessions Judge, Gandhinagar has jumped to the conclusion that the said delay has not been sufficiently explained by the revisionist i.e. the present applicant-State of Gujarat and therefore delay condonation application has been rejected.

2.5. Being aggrieved and dissatisfied with the said order of the learned Principal Sessions Judge, Gandhinagar, present Special Criminal Application has been preferred by the revisionist i.e. the applicant- State of Gujarat to assail the said order.

3. Mr. Manan Maheta, learned APP appearing for the applicant-State of Gujarat has submitted that in fact the delay has already been sufficiently explained by the present applicant before the concerned Principal Sessions Judge, Gandhinagar. Entire sequence of the events of the incident has been narrated in a graphical manner. It is specific case of the present applicant that the application preferred by the respondent accused for the purpose of getting back the custody of the vehicle involved in the commission of the crime from the magistrate court concerned has been entertained on 25/11/2019. Learned Public Prosecutor has submitted an application to get certified copy of the said order on 02/12/2019. Thereafter he had prepared the appeal memo and sent certified copy of the documents along with the appeal memo to the office of the learned District Additional

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Public Prosecutor on 10/12/2019. The said office has in turn forwarded the same to the office of the Collector on 11/12/2019 seeking permission to challenge the said order and permission to challenge the said order by way of preferring criminal revision application has been granted by the office of the Collector on 16/07/2020 and immediately within ten days the criminal revision application has been preferred before the Principal Sessions Judge, Gandhinagar.

4. Learned APP has further submitted that in fact there is express provisions of the Limitation Act in the statute that within a period of 90 days said order can be challenged. Admittedly there is a delay of 156 days in filing of the criminal revision application. Due to Covid-19 pandemic, the revenue machinery and administrative officers were busy and administrative activities could not able to be approved sanction upon the papers within time framed schedule. Learned APP has also submitted that there was express bar under Section 98(2) of the Gujarat Prohibition Act that if the quantity of the liquor is more than 20 liters found in the custody of the accused, in that event, custody of the vehicle cannot be handed over to the accused. Despite the said fact that there was express bar and clear cut statutory provisions, the learned magistrate court concerned has passed order of releasing the vehicle. Therefore there was merit in the application below Exh.5 in the said criminal revision application preferred by the present applicant before the learned Principal Sessions Judge, Gandhinagar and the same was required to be considered in favour of the present

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applicant by condoning the delay of 156 days in filing the same.

5. Considering the arguments canvassed by the learned APP, this Court has thought it fit to issue notice to the respondent accused which was duly served and Mr.Jigneshkumar Nayak has filed his appearance for the respondent accused.

6. Yesterday this matter was listed before this Court and it was found out that learned advocate for the present respondent accused has filed sick note. Therefore, the matter is posted today.

7. Today, when the matter is called out, none is present for the respondent-accused.

8. However, considering the aforesaid arguments canvassed by the learned APP for the present applicant-State of Gujarat as also the material placed along with the present application, prima facie, this Court is of the opinion that the delay mentioned in the application Exh.5 in Criminal Revision Application No.745 of 2020 preferred by the applicant herein is sufficiently justified by assigning proper reasons. Hence, impugned the judgment and order dated 26/08/2020 passed by the learned Principal Sessions Judge, Gandhinagar below Exh.5 in Criminal Revision Application No.745 of 2020 is required to be quashed and set aside by allowing the present Special Criminal Application.

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9. Accordingly, present Special Criminal Application is allowed. Impugned order dated 26/08/2020 passed below Exh.5 in Criminal Revision Application No.745 of 2020 by the learned Principal Sessions Judge, Gandhinagar is hereby quashed and set aside and the delay of 156 days caused in filing the Criminal Revision Application No.745 of 2020 is condoned. The main criminal revision application is restored to its file before the learned trial court.

10. The Principal Sessions Judge, Gandhinagar is hereby directed to hear and decide Criminal Revision Application No.745 of 2020 according to the merits of the matter after providing full opportunity of hearing to the parties.

(DIVYESH A. JOSHI,J) ILA