[Cites 4, Cited by 0]
Gujarat High Court
Arjunbhai Pratapbhai Dehda vs State Of Gujarat on 2 February, 2026
NEUTRAL CITATION
R/SCR.A/6414/2025 ORDER DATED: 02/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 6414 of 2025
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ARJUNBHAI PRATAPBHAI DEHDA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR A A ZABUAWALA(6823) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3
MR. H.K.PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 02/02/2026
ORAL ORDER
1. Rule. Learned APP waives notice of rule for and on behalf of the
respondent - State.
2. 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 with a prayer to
release Muddamal Vehicle i.e Burgman Motor Cycle bearing Registration No.
GJ-20-BF-5792.
3. 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 liquor and when police authorities intercepted the same,
on carrying out the search of the said vehicle, it was found that the Accused is
carrying liquor without any pass or permit. Therefore, an FIR being CR. NO.
11821024240470 of 2024 for the offence punishable under the Prohibition
Act came to be registered before the Garbada Police Station, Dahod.
4. Heard learned advocate for the petitioner and learned APP for the
respondent. Though served, nobody appeared for the Respondent - Finance
NEUTRAL CITATION
R/SCR.A/6414/2025 ORDER DATED: 02/02/2026
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Company.
5. Learned Advocate for the petitioner has urged that this Court has wide
powers, while exercising such 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', AIR 2003 SC 638, wherein, the
Apex Court lamented the scenario of number of vehicles having been kept
unattended and becoming junk within the police station premises.
6. 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.
7. The coordinate bench of this Court in the case of Musa Khan Jat Vs.
State of Gujarat (SCR.A/7190/2017), in an identical case, released the
vehicle by exercising the power under Articles 226 and 227 of the
Constitution of India.
8. It would be worthwhile to refer profitably at this stage to the
observations made by the Apex Court in 'SUNDERBHAI AMBALAL DESAI VS.
STATE OF GUJARAT' (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
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.
NEUTRAL CITATION
R/SCR.A/6414/2025 ORDER DATED: 02/02/2026
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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."
9. Resultantly, this petition is allowed. The authority concerned is
directed to release the vehicle of the petitioner, being Burgman Motor Cycle
bearing Registration No. GJ-20-BF-5792 on the terms and conditions that the
petitioner:
(i) shall furnish a solvent surety of the amount equivalent to the
value of the vehicle in question as per the value disclosed in the
seizure memo or panchnama.
(ii) shall file an undertaking before the trial Court that prior to
alienation or transfer in any mode or manner, prior permission
of the concerned Court shall be taken till conclusion of the trial;
(iii) shall also file an undertaking to produce the vehicle as and when
directed by the trial Court;
(iv) in the event of any subsequent offence, the vehicle shall stand
Confiscated.
10. Before handing over the possession of the vehicle to the petitioner,
necessary photographs shall be taken and a detailed panchnama in that
regard, if not already drawn, shall also be drawn for the purpose of trial.
11. Rule is made absolute, accordingly. Direct service is permitted.
(M. R. MENGDEY,J)
J.N.W / 9
