Gujarat High Court

Gaurang Ranchodbhai Joshi vs State Of Gujarat on 4 September, 2025

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                             R/CR.RA/1046/2025                                    ORDER DATED: 04/09/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CRIMINAL REVISION APPLICATION (FOR MUDDAMAL) NO. 1046 of
                                                    2025

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                                                  GAURANG RANCHODBHAI JOSHI
                                                             Versus
                                                    STATE OF GUJARAT & ANR.
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                       Appearance:
                       MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
                       MR. NIRAJ SHARMA APP for the Respondent(s) No. 1
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                         CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                              Date : 04/09/2025

                                                               ORAL ORDER

1. Rule. Learned A.P.P. waives service of Rule on behalf of

the respondent Nos.1 and 2.

2. The present revision application has been preferred by

the present applicant original accused under Section 438 read

with Section 442 of the Bharatiya Nagarik Suraksha Sanhita,

2023 (for short BNSS, 2023) directed against the order passed

by the learned Additional Sessions Judge, Savarkundla, Dist.

Amreli in Criminal Misc. Application No.171/2025 by order

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R/CR.RA/1046/2025 ORDER DATED: 04/09/2025

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dated 13.06.2025 rejecting the muddamal application for

releasing of muddamal Hero Motorcycle of Splendor Plus BLK

STRIPE I3S bearing registration no.GJ-14-BF-4588 and mobile

phone of Oppo Company A78 model seized by investigating

agency. Pursuant to the offence before the Amreli Police

Station vide CR No.11193003250427 of 2025 for the offence

punishable under Section 8(c), 20(b)(ii)B, 29 of the Narcotic

Drugs and Psychotropic Substances Act, 1985 (for short "NDPS

Act").

3. Learned advocate for the applicant has submitted that

present applicant is the owner of the vehicle and to release the

muddamal vehicle application has been given and further

submitted that as per the case of the prosecution secret

information has been received by the Police, intercepted

muddamal vehicle from prohibited muddamal and therefore the

FIR came to be registered. Further it is submitted that the

present applicant is the owner of the mobile phone and the

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R/CR.RA/1046/2025 ORDER DATED: 04/09/2025

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vehicle. Further it is submitted that as per the case of the

prosecution there was not narcotic drugs has been found from

the vehicle and as per the case of the prosecution that the

narcotic drugs has been found from the residential premises

but as per the case of the prosecution, this vehicle has been

used by the present applicant to get this narcotic drugs from

other accused person that is the only allegation. So far as the

learned Trial Court has only rejected the application on the

ground that as per the Section 60 of the NDPS Act and the

said conveyance is required to be confiscated. Further it is

submitted that the order passed by the learned Trial Court is

required to be set aside and the pending trial, the vehicle and

the mobile phone is required to be returned back to the

criminal.

4. Learned A.P.P. Mr. Niraj Sharma has opposed present

application and contended the impugned vehicle was used in

the commission of the offence of NDPS and subsequently seized

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and submitted that impugned vehicle is not require to be

released and same to be required confiscated. Further

submitted that as per the judgment of the Hon'ble Apex Court

in the case of Bishwajit Dey Vs State of Assam reported in

2025 INSC 32. It has been observed that the vehicle is seized

in connection with the offence of the NDPS Act likely to be

confiscated. In view of the bar under Section 60 is not

required to be released and requested for dismiss the

application.

5. Heard learned advocates appearing for the respective

parties.

6. Going through the allegations, this Court is of the

considered view that merely because the vehicle is used in the

commission of the offence of NDPS Act, is not a ground to

refuse the application for release of muddamal. At the time of

deciding the application for release of muddamal seized under

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NDPS Act which does not bar the jurisdiction under Section

451 of the Cr.P.C. or Section 60 of the NDPS Act. Exercising

the power under Section 60 of the NDPS Act the Court must

have to satisfy that the vehicle was used in transportation

either it was found it conscious possession. As per the case of

the prosecution the bike was used for transportation of

contraband by the co-accused or material which suggest that

from the said vehicle the contraband was seized.

7. Considering the above facts and keeping in mind the law

laid down in the case of Bishwajit Dey Vs State of Assam

reported in INSC 32, as such no purpose would serve to keep

the vehicle for identification in Police Station, it is expedient

to avoid situation of vehicle getting deteriorated pending the

trial and hence, keeping in mind the aforesaid peculiar fact

and keeping in mind the law laid down by the Hon'ble Apex

Court in the case of Sunderbhai Ambalal Desai Vs. State of

Gujarat reported in (2002) 10 SCC 283, with certain stringent

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conditions.

8. Considering this, the findings recorded by the learned

Trial Court is required to be set aside. Resultantly, Criminal

Revision Application No.1046/2025 is hereby allowed.

9. The learned Trial Court/authority concerned is directed to

release the vehicle of the applicant being Hero Motorcycle of

Splendor Plus BLK STRIPE I3S bearing registration no.GJ-14-

BF-4588 and mobile phone of Oppo Company A78 model on

the terms and conditions that the applicant:

(I) Shall furnish a solvent surety of the amount equivalent

to the price of the vehicle as well as mobile phone 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 and mobile phone till final disposal of the

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trial.

(iii) shall produce the vehicle and mobile phone as and

when directed by the learned Trial Court.

(iv) If in future, any confiscation / auction proceedings

under the NDPS Act is initiated by the authority, in that

event, the applicant shall have to hand over / return the

possession of the vehicle and mobile phone to the

respondent authority and the applicant shall file an

undertaking to the said effect before the learned

Magistrate.

(v) In the event of any subsequent offence, the vehicle

and mobile phone shall stand confiscated.

(vi) present order does not preclude the learned

Magistrate / Authority from passing any order to initiate

confiscation proceeding or auction order of vehicle.

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(vii) While hand over the possession of the vehicle,

learned Trial Court is directed to verify the factum of

registered owner of the vehicle and handover the vehicle

to the registered owner and registered owner of the

muddamal vehicle shall submit undertaking as regards

confiscation proceedings.

10. Before release of the vehicle, concerned police authority

shall take photographs / identity of the vehicle and mobile

phone from all sides at the cost of the applicant and shall