Gujarat High Court
Salimbhai Mohmmedhusen Shaikh vs State Of Gujarat on 18 December, 2024
NEUTRAL CITATION
R/SCR.A/16522/2024 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. 16522 of 2024
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SALIMBHAI MOHMMEDHUSEN SHAIKH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR SS SAIYED(3690) for the Applicant(s) No. 1
MR. MEET THAKKAR, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 18/12/2024
ORAL ORDER
1. As such, this is an application for modification of
condition imposed by the learned trial Court i.e. 13
th
Additional Chief Judicial Magistrate (Court No.12),
Ahmedabad City, while releasing the muddamal being vehicle
bearing registration No.GJ-01-DY-6250 vide order dated
06.11.2024 below application under Section 451 of the Code of
Criminal Procedure, 1973 pursuant to C.R.
No.11191012240222 of 2024 registered with the Danilimda
Police Station, Ahmedabad for the offences under the Gujarat
Animal Preservation Act and the Prevention of Cruelty to
Animals Act, which is confirmed by the learned appellate
Court below i.e. Additional Sessions Judge, Court No.3, City
Civil & Sessions Court, Ahmedabad vide order dated
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NEUTRAL CITATION
R/SCR.A/16522/2024 ORDER DATED: 18/12/2024
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03.12.2024 passed in Criminal Revision Application No.496 of
2024, whereby the learned trial Court has imposed various
conditions including Condition No.1 that the applicant shall
pay Rs.950/- per day as the maintenance for the live stock as
per the Gujarat Animal Welfare Board’s Resolution dated
10.02.2022, as the said live stock are confiscated with the
vehicle in question and sent to the Panjarapole, where they
are maintained by the Panjarapole.
2. Rule returnable forthwith. Learned Additional
Public Prosecutor waives service of notice of Rule for
respondent/s – State.
3. 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 allowed but with certain conditions
and, hence, the petitioner had approached the concerned
Sessions Court against the said order to delete Condition
No.1, which also came to be rejected and, therefore, the
present petition is filed. 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
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NEUTRAL CITATION
R/SCR.A/16522/2024 ORDER DATED: 18/12/2024
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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 by deleting Condition No.1
imposed by the learned trial Court.
4. 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.
5. 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 animals illegally by the accused and if
this motor vehicle would be released, it may be used for
transporting the same by the petitioner. It is further
submitted that the trial Court has rightly imposed condition
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NEUTRAL CITATION
R/SCR.A/16522/2024 ORDER DATED: 18/12/2024
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as per the Government Resolution. It is submitted that
appropriate order may be passed for maintenance expense of
the live stock.
6. Considering the submissions made by the learned
advocates for the respective parties, this Court is of the
opinion to exercise the powers under Articles 226 and 227 of
the Constitution in favour of the petitioner/applicant at this
stage.
7. 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.
8. 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.
9. It is noted that the learned trial Court has
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NEUTRAL CITATION
R/SCR.A/16522/2024 ORDER DATED: 18/12/2024
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released the vehicle in question but certain conditions, more
particularly Condition No.1, which is impugned in this
application.
10. Resultantly, this application is allowed by deleting
Condition No.1 imposed by the learned trial Court vide order
dated 06.11.2024. Consequently, Conditions No.2 and 3 also
stand deleted. Rest of the conditions remain unaltered. The
authority concerned is directed to release the muddamal
vehicle of the petitioner i.e. GH.01.DY.6250, on those terms
and conditions, over and above the following terms and
conditions that the petitioner shall :
(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) 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.
(iii) shall do the videography of the vehicle if the
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NEUTRAL CITATIONR/SCR.A/16522/2024 ORDER DATED: 18/12/2024
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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. It would be open for the State Authorities to
recover the maintenance expense of the live stock from the
owner of the live stock, in accordance with law/resolution.
13. The Registry to communicate this order to the
concerned Court/ RTO / Authority forthwith.
(SANDEEP N. BHATT,J)
DIWAKAR SHUKLA
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