Gujarat High Court
Sarfaraj Musabhai Patel vs State Of Gujarat on 11 November, 2025
NEUTRAL CITATION
R/SCR.A/9493/2025 JUDGMENT DATED: 11/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 9493 of 2025
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SARFARAJ MUSABHAI PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR NK MAJMUDAR(430) for the Applicant(s) No. 1
MR. ROHAN N MAJMUDAR(14000) for the Applicant(s) No. 1
MS. VRUNDA C. SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 11/11/2025
ORAL JUDGMENT
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 497 of
the Bharatiya Nagarik Suraksha Sanhita with a prayer to release
Muddamal 17 Buffalo which are seized by the Investigating
Officer vide C.R. No. 11823021250651 of 2025 with Sagbara
Police Station, District Narmada for the offences punishable
under Sections 11(1)(a), 11(1)(d), 11(1)(e), 11(1)(h) and 11(1)(f) of
the Prevention of Cruelty to Animals Act, 1960 and under
Sections 4, 5(1), 8(1), 9, 10 of the Gujarat Animal Preservation
Act, 1954 and under Sections 125, 192 and 177 of the Motor
Vehicles Act and under Section 119 of the Gujarat Police Act and
also under Section 96 of the Animal Transport Rules 1978.
2. Rule. Learned APP waives notice of rule for and on behalf
of the respondent.
NEUTRAL CITATION
R/SCR.A/9493/2025 JUDGMENT DATED: 11/11/2025
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3. The case of the prosecution is that while the police
personnel were on patrolling, they received a secret information
that the vehicle carrying Buffalo and when police authorities
intercepted the same, on carrying out the search of the said
vehicle, its driver was found carrying Buffalo. Therefore, an FIR
being C.R. No. 11823021250651 of 2025 was registered with
Sagbara Police Station, District Narmada, for the offences as
aforesaid.
4. Heard learned advocate for the petitioner and learned APP
for the respondent.
5. Learned Advocate for the Petitioner has submitted that the
Petitioner is doing animal husbandry and cattle trading and
doing dairy business and the police authorities have wrongly
seized the buffalo.
6. Learned APP for the respondent has objected the
submissions made by learned advocate for the petitioner and
submitted that the Petition may be dismissed.
7. Considering the submissions made by the learned
Advocate for the Applicant and considering the facts and
circumstances of the case, this petition is allowed.
8. The learned Trial Court / authority concerned is directed
to release the Muddamal - 17 Buffalo on the terms and
conditions that the petitioner:
(i) shall furnish a solvent surety of the amount equivalent
NEUTRAL CITATION
R/SCR.A/9493/2025 JUDGMENT DATED: 11/11/2025
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to the price of the Muddamal in question stated in the FIR.
9. Before release of the Muddamal, concerned police authority
shall take photographs 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.
10. Rule is made absolute, accordingly. Direct service is
permitted.
(M. R. MENGDEY,J)
J.N.W / 67
