R/SCR.

A/2194/2022 ORDER DATED: 03/03/2022

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION NO. 2194 of 2022

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IMRANBHAI MAHMADBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR VALABHAI N BHARVAD(11490) for the Applicant(s) No. 1
for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
Date : 03/03/2022
ORAL ORDER

1. Rule returnable forthwith. Learned APP waives

service of notice of Rule for 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 for the release of
the muddamal vehicle, bearing Registration
No. GJ-06-DB-8540.

3. Learned advocate for the petitioner submitted

that on registration of the FIR being C.R.
No. 11823004220027 of 2022 registered with
Dediyapada Police Station, District: Narmada,
for the offences under the provision of the
Gujarat Prohibition Act, the vehicle of the
petitioner has been seized as muddamal in

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connection with the aforesaid offence.

Aforesaid vehicle is duly registered with the
transport department of the Government and in
support of it, RC Book is placed on record at
Page No. 17 of the compilation.

4. Learned advocate for the petitioner submits

that the petitioner is shown as accused No.3
in the FIR. He was arrested and thereafter
released on bail. He further, under the
instructions, submitted that the petitioner
is the registered owner of the vehicle in
question and till date, the vehicle in
question is not involved in any other case
and even no one has claimed for the interim
custody of the muddamal vehicle and if the
interim custody of the said vehicle is handed
over to the petitioner, he will abide by the
conditions that may be imposed by this Court
while handing over the vehicle. He further
submits, under the instructions, that the
vehicle in question is not involved in any
other case. He, therefore, urged that this
petition may be allowed on suitable
conditions.

5. Learned advocate for the petitioner has urged

that this Court has wide powers, while
exercising such powers under Article 226 of

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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 Apex Court lamented the scenario
of number of vehicles having been kept
unattended and becoming junk within the
police station premises. Learned advocate has
also placed reliance upon the orders passed
by the Coordinate Bench of this Court.

6. Learned APP for the respondent-State has

strongly objected the submissions made by
learned advocate for the petitioner and
submitted that the vehicle in question was
used for transporting liquor by the accused
and if this motor vehicle would be released,
it will be used for transporting liquor by
the petitioner. However after referring to
the documents produced on record with regard
registration of certification and Identity
Card, it is submitted that the petitioner is
the owner of the vehicle.

7. On thus hearing both the sides, without

determining the other issues raised by the
petitioner, in reference to Sections 98 and
99 and other provisions of the said Act and
reserving that to be determined in future, in

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an appropriate proceedings being a

contentious issue, this Court chooses not to
enter into that arena in the present matter
and instead exercise the powers under
Articles 226 and 227 of the Constitution.

8. Further, from the submissions canvassed by

learned advocate for the petition, it is
revealed that if the vehicle in question is
not released, ultimately it would reduce to
scrape and further the land / space of the
campuses of police stations are also reduced
to scrapyards. As against this, continuing
the vehicle in police custody as muddamal,
for various reasons, hardly turns out to be a
factor for furtherance of dispensation of
justice, on conclusion of the trial, as and
when that stage is reached.

9. The Co-ordinate Benches of this Court in

number of cases, some of which are noted
above, have released the vehicles. This Court
has taken into consideration those decisions
and the judgments / orders referred in those
decisions. Having considered the same, taking
any different view would not be proper.

10. Resultantly, this application is

ALLOWED. The authority concerned is DIRECTED

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to release the vehicle of the petitioner,

muddamal vehicle, bearing registration No.
GJ-06-DB-8540, on the terms and conditions
that the petitioner:

(i) 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;

(v) shall not use this vehicle in

transporting liquor in future;

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(vi) 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;

(vii) If, the IO finds it necessary,

videography of the vehicle also shall
be done. Expenses towards the
photographs and the videography shall
be borne by the petitioner;

11. Rule is made absolute to the aforesaid

extent. Direct service is permitted.

(VIPUL M. PANCHOLI, J)
UMESH/-

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