Gujarat High Court
Nareshbhai Somjibhai Meda vs State Of Gujarat on 18 December, 2024
NEUTRAL CITATION
R/SCR.A/16520/2024 ORDER DATED: 18/12/2024
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 16520 of 2024
==========================================================
NARESHBHAI SOMJIBHAI MEDA
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS KRUPA K BELADIYA(13979) for the Applicant(s) No. 1
MR. MEET THAKKAR, APP for the Respondent(s) No. 1
==========================================================
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.11821011241445 of 2024
registered with the Dahod Town A-Division Police Station, Dist:
Dahod, for the offences mentioned therein, the vehicle in question
Page 1 of 5
Uploaded by SLOCK BAROT(HC01781) on Mon Dec 23 2024 Downloaded on : Mon Dec 23 21:27:44 IST 2024
NEUTRAL CITATIONR/SCR.A/16520/2024 ORDER DATED: 18/12/2024
undefined
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.
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
Page 2 of 5
Uploaded by SLOCK BAROT(HC01781) on Mon Dec 23 2024 Downloaded on : Mon Dec 23 21:27:44 IST 2024
NEUTRAL CITATION
R/SCR.A/16520/2024 ORDER DATED: 18/12/2024
undefined
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 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
Page 3 of 5
Uploaded by SLOCK BAROT(HC01781) on Mon Dec 23 2024 Downloaded on : Mon Dec 23 21:27:44 IST 2024
NEUTRAL CITATION
R/SCR.A/16520/2024 ORDER DATED: 18/12/2024
undefined
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.
Suzuki Burgman Scooter bearing registration No.GJ.20.BA.6885, on
the 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) 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;
Page 4 of 5
Uploaded by SLOCK BAROT(HC01781) on Mon Dec 23 2024 Downloaded on : Mon Dec 23 21:27:44 IST 2024
NEUTRAL CITATION
R/SCR.A/16520/2024 ORDER DATED: 18/12/2024
undefined
(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.
(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)
SLOCK BAROT
Page 5 of 5
Uploaded by SLOCK BAROT(HC01781) on Mon Dec 23 2024 Downloaded on : Mon Dec 23 21:27:44 IST 2024