R/SCR.A/2800/2024 ORDER DATED: 29/02/2024
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 2800 of 2024
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ASHOKKUMAR CHAMPAKLAL RANA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS ASMITA PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 29/02/2024
ORAL ORDER
1. RULE. Learned APP waives notice of rule for and on behalf of the
respondents.
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 so also inherent
powers of this Court under Section 482 of the Code of Criminal Procedure,
1973 with a prayer to release Muddamal Vehicle i.e Maruti Swift car
bearing RTO registration No.GJ-15-CG-6934.
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, its driver was found carrying
liquor without any pass or permit. Therefore, an FIR being C.R.
No.11210015230237 of 2023 registered with DCB Police Station,
Surat, for the offence punishable under the Prohibition Act.
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4. Heard learned advocate for the petitioner and learned APP for the
respondents.
5. Learned Advocate for the petitioner has urged that this Court has
wide 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 reported in AIR 2003 SC 638, wherein, the
Hon’ble 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 but this is not a fit case to exercise the jurisdiction and hence,
requested to dismiss the petition.
7. It would be worthwhile to refer profitably at this stage to the
observations made by the Hon’ble Apex Court in the case of Sunderbhai
Ambalal Desai (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.
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
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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."
8. Resultantly, this petition is allowed.
9. The learned Trial Court / authority concerned is directed to release
the vehicle of the petitioner being Maruti Swift car bearing RTO
registration No.GJ-15-CG-6934 on the terms and conditions that the
petitioner:
(i) shall furnish a solvent surety of the amount equivalent to
the price of the vehicle 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 till
final disposal of the trial.
(iii) shall produce the vehicle as and when directed by the
learned Trial Court.
(iv) in the event of any subsequent offence, the vehicle shall
stand confiscated.
10. Before release of the vehicle, concerned police authority shall take
photographs / identity of the vehicle from all sides 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.
11. Copy of this order be send to concerned RTO, where the vehicle is
registered, for necessary entry in the Register and to take notice that this
Court has restrained transfer of vehicle till final disposal of the trial. Such
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transfer shall be subject to any order that may be passed by the learned
Trial Court permitting transfer of vehicle.
12. Rule is made absolute accordingly. Direct service is permitted.
(HASMUKH D. SUTHAR,J)
SUCHIT
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