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Gujarat High Court
Nirubhai Danabhai Baraiya vs State Of Gujarat on 9 April, 2026
NEUTRAL CITATION
C/SCA/4776/2026 JUDGMENT DATED: 09/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4776 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
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Approved for Reporting Yes No
No
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NIRUBHAI DANABHAI BARAIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR BM MANGUKIYA(437) for the Petitioner(s) No. 1
MS BELA A PRAJAPATI(1946) for the Petitioner(s) No. 1
MR NIKUNJ KANARA AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 09/04/2026
ORAL JUDGMENT
1. Rule. Learned Assistant Government Pleader
Mr. Kanara waives serves of Rule on behalf of the
respondents.
2. With the consent of the learned advocates for
the parties, the matter is taken up for final hearing and
disposal.
3. Learned advocate for the petitioner submits
that the vehicle of the petitioner has been seized by the
respondent authorities and till date, no complaint has
been filed by the respondents. Learned counsel submits
NEUTRAL CITATION
C/SCA/4776/2026 JUDGMENT DATED: 09/04/2026
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that since the complaint has not been filed as per
provisions of the Gujarat Mineral (Prevention of Illegal
Mining, Transportation and Storage) Rules, 2017, the
petitioner is entitled to release of his vehicle, being JCB
machine bearing registration No. GJ-04-CF-1238 pending
the proceedings. Learned advocate in support of his
contentions places reliance on the order passed by the
Coordinate Bench of this Court dated 08 th August, 2024 in
Special Civil Application No.8664 of 2024.
4. Learned Assistant Government Pleader
appearing for the respondents upon instructions received
from Mr. Bharat Jalondhara, Geologist, Bhavnagar
submits that no complaint has been filed yet and that
therefore, appropriate order may be passed in the
present case.
5. In view of the aforesaid submissions, it is
revealed that no complaint has not been filed within the
stipulated period of time under the Rules, 2017. Various
orders have been passed by this Court, wherein it has
been held that it would be obligatory on the part of the
investigator to approach the Court of Sessions with a
written complaint and produce the seized properties
before the Court within the stipulated period under the
Rules. In absence of such exercise, the purpose of seizure
and the bank guarantee would stand frustrated.
Resultantly, the property will have to be released in
NEUTRAL CITATION
C/SCA/4776/2026 JUDGMENT DATED: 09/04/2026
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favour of the person from whom it was seized without
insisting for the bank guarantee.
6. In view of the enunciation of law and in
absence of any complaint filed, it would not be within the
authority of the respondent authority to continue seizure
of the vehicle and therefore, the authority concerned is
directed to forthwith release the vehicle of the petitioner.
It is clarified that the present writ petition has been
entertained only for the limited purpose of releasing the
vehicle of the petitioner. It will be open to the petitioner
to avail of the remedy available in law. It is also clarified
that this order shall not preclude the officers to initiate
any proceedings, in accordance with law.
7. It is made clear that this Court has not gone
into the merits of the case and no observation is made
thereon.
8. In view of the aforesaid observations, the
present Special Civil Application stands disposed of. Rule
is made absolute accordingly. No order as to costs.
Direct Service is permitted.
Sd/-
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
