Gujarat High Court
Rupaben Upeshbhai Mistry vs State Of Gujarat on 18 December, 2024
NEUTRAL CITATION
R/SCR.A/16534/2024 ORDER DATED: 18/12/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 16534 of 2024
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RUPABEN UPESHBHAI MISTRY
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR UVESH M SHAIKH(11313) for the Applicant(s) No. 1
MR. SAIF M KAVLA(14667) for the Applicant(s) No. 1
MR. MEET THAKKAR, APP for the Respondent - State
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 18/12/2024
ORAL ORDER
1. Rule returnable forthwith. Learned Additional
Public Prosecutor waives service of notice of Rule for
respondent/s – 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 and to quash and set aside the impugned orders
refusing to release the muddamal vehicle.
3. Learned advocate for the petitioner submitted that
on registration of the FIR being C.R. No.11191037240655/2024
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NEUTRAL CITATION
R/SCR.A/16534/2024 ORDER DATED: 18/12/2024
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registered with the Police Station Odhav, Ahmedabad for the
offences mentioned therein, the vehicle in question has been
seized as muddamal in connection with the aforesaid offence,
however, the said vehicle is duly registered with the
transport department of the Government and in support of it,
RC Book is placed on record.
4. Learned advocate for the petitioner submitted that
for the release of the vehicle in question, the petitioner had
approached the concerned Magistrate Court, however, the said
application came to be rejected and, hence, the petitioner had
approached the concerned Sessions Court against the said
order, which also came to be rejected and, therefore, the
present petition is filed for the release of the vehicle in
question. Further, under the instructions, it is 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,
the petitioner will abide by the conditions that may be
imposed by this Court while handing over the vehicle.
Therefore, it is urged that this petition may be allowed on
suitable conditions.
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NEUTRAL CITATION
R/SCR.A/16534/2024 ORDER DATED: 18/12/2024
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5. Learned advocate for the petitioner has further
submitted that this Court has wide powers under Article 226
of the Constitution. Learned advocate for the petitioner has
relied upon the ratio laid down in the case of Sunderbhai
Ambalal Desai versus 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. Considering the submissions made by the learned
advocates for the respective parties, 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 an appropriate
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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 petitioner, it is revealed that if the
vehicle in question is not released, ultimately it would reduce
to scrap; 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. Further, the Co-ordinate Benches of this Court in
number of cases have released such vehicles. Keeping in
mind the same, taking any different view would not be
proper.
10. Resultantly, this application is allowed. The
impugned orders are hereby quashed and set aside. The
authority concerned is directed to release the muddamal
vehicle of the petitioner i.e. GJ.27.DT.5777, on the terms and
conditions that the petitioner shall :
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(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) 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) also file an undertaking to produce the vehicle
as and when directed by the trial Court;
(iv) stand confiscated the vehicle, in the event of
any subsequent offence;
(v) shall not use this vehicle in transporting
liquor in future.
(vi) take necessary photographs before handing
over the possession of the vehicle to the
petitioner and draw a detailed panchnama in
that regard, if not already drawn, for the
purpose of trial.
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(vii) shall do the videography of the vehicle if the
Investigating Officer finds it necessary.
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.
12. The Registry to communicate this order to the
concerned Court/ RTO / Authority forthwith.
(SANDEEP N. BHATT,J)
DIWAKAR SHUKLA
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