Gujarat High CourtBaluram Nanjiram Choudhary vs State Of Gujarat on 11 January, 2022Author:Vipul M. PancholiBench:Vipul M. PancholiR/SCR.A/175/2022                                       ORDER DATED: 11/01/2022\n\n\n\n     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD\n     R/SPECIAL CRIMINAL APPLICATION NO.                        175 of 2022\n\n=======================================================\n               BALURAM NANJIRAM CHOUDHARY\n                         Versus\n                    STATE OF GUJARAT\n=======================================================\nAppearance:\nMR HARSHIL C DATTANI(6241) for the Applicant(s) No. 1\nMR LB DABHI APP (2) for the Respondent(s) No. 1\n=======================================================\n\n CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI\n\n                               Date : 11/01/2022\n                                  ORAL ORDER1.     Rule. Learned Additional Public Prosecutor waives\n       service of notice of Rule for respondents.2.     The      petitioner        has        preferred         this       petition,\n       seeking          to   invoke   extraordinary           jurisdiction             of\n       this      Court       underArticle         226and      supervisory\n       jurisdiction underArticle 227of the Constitution\n       of India for the release of the muddamal vehicle\n       i.e. CRETA CRDI SX 0 bearing Registration No.GJ-\n       01-RN-0279.3.     Learned advocate for the petitioner submitted that\n       on       registration            of      the      FIR        being           C.R.\n       No.11195035211089/2021                 registered          with      Palanpur\n       Taluka           Police    Station,          Banaskantha            for        the\n       offences          under    the        provision       of     theGujarat\n       Prohibition Act, the vehicle of the petitioner has\n       been seized as muddamal in connection with the\n       aforesaid offence, however, the said vehicle is\n       duly registered with the transport department of\n       the Government and in support of it, RC Book isPage 1 of 5Downloaded on : Wed Jan 12 20:59:04 IST 2022R/SCR.A/175/2022                   ORDER DATED: 11/01/2022\n\n\n\n       placed on record at Page No.11 of the compilation.4.     Learned advocate for the petitioner submits that\n       the petitioner is not shown as accused in the FIR\n       and subsequently also, he has not been arraigned\n       as accused. He further, under the instructions,\n       submitted that the petitioner is the registered\n       owner of the vehicle in question and till date,\n       the vehicle in question is not involved in any\n       other case and even no one has claimed for the\n       interim custody of the muddamal vehicle and if the\n       interim custody of the said vehicle is handed over\n       to the petitioner, he will abide by the conditions\n       that may be imposed by this Court while handing\n       over the vehicle. He, therefore, urged that this\n       petition may be allowed on suitable conditions.5.     Learned advocate for the petitioner has urged that\n       this Court has wide powers, while exercising such\n       powers underArticle 226of the Constitution. It\n       can also take into account the ratio laid down in\n       the case of'SUNDERBHAI AMBALAL DESAI VS. STATE OF\n       GUJARAT', reported in AIR 2003 SC 638, wherein,\n       the Apex Court lamented the scenario of number of\n       vehicles having been kept unattended and becoming\n       junk within the police station premises. Learned\n       advocate has alsoplaced reliance uponthe orders\n       passed by the Coordinate Bench of this Court.6.     Learned APP for the respondent-State has strongly\n       objected the submissions made by learned advocate\n       for the petitioner and submitted that the vehicle\n       in question was used for transporting liquor by\n       the accused and if this motor vehicle would be\n       released, it will be used for transporting liquorPage 2 of 5Downloaded on : Wed Jan 12 20:59:04 IST 2022R/SCR.A/175/2022                                               ORDER DATED: 11/01/2022\n\n\n\n       by the petitioner. However after referring to the\n       documents              produced           on         record         with          regard\n       registration of certification and Identity Card,\n       it is submitted that the petitioner is the owner\n       of the vehicle.7.     On      thus           hearing           both        the       sides,           without\n       determining                the     other          issues       raised           by      the\n       petitioner, in reference toSections 98and99and\n       other provisions of the said Act and reserving\n       that to be determined in future, in an appropriate\n       proceedings being a contentious issue, this Court\n       choses not to enter into that arena in the present\n       matter           and       instead       exercise          the      powers           underArticles 226and227of the Constitution.8.     Further, from the submissions canvassed by learned\n       advocate for the petition, it is revealed that if\n       the       vehicle            in      question           is       not        released,\n       ultimately it would reduce to scrape and further\n       the      land          /    space       of     the      campuses          of      police\n       stations           are       also        reduced        to      scrapyards.              As\n       against          this,       continuing           the      vehicle         in     police\n       custody as muddamal, for various reasons, hardly\n       turns       out        to    be     a    factor         for      furtherance             of\n       dispensation                of    justice,         on    conclusion             of      the\n       trial, as and when that stage is reached.9.     The Co-ordinate Benches of this Court in number of\n       cases       have           released       the        vehicles,          upon         which\n       reliance has been placed by learned advocate for\n       the      petitioner.               This        Court         has       taken          into\n       consideration those decisions and the judgments /\n       orders           referred           in       those         decisions.             Having\n       considered             the       same,       taking     any      different            viewPage 3 of 5Downloaded on : Wed Jan 12 20:59:04 IST 2022R/SCR.A/175/2022                                                ORDER DATED: 11/01/2022\n\n\n\n        would not be proper.10.     Resultantly,           this       application                 is      allowed.            The\n        authority        concerned          is    directed              to       release          the\n        vehicle of the petitioner, muddamal vehicle i.e.\n        CRETA CRDI SX 0 bearing Registration No.GJ-01-RN-\n        0279,       on   the        terms        and        conditions                that        the\n        petitioner:(i) furnish a solvent surety of the amount\n                equivalent to the value of the vehicle in\n                question as per the value disclosed in\n                the seizure memo or panchnama;(ii) shall         file       an      undertaking                 before           the\n                trial Court that prior to alienation or\n                transfer       in     any      mode         or    manner,             prior\n                permission of the concerned Court shall\n                be taken till conclusion of the trial;(iii)        shall      also       file         an        undertaking               to\n                produce the vehicle as and when directed\n                by the trial Court;(iv) in the event of any subsequent offence,\n                the vehicle shall stand confiscated .(v)      shall       not          use           this           vehicle               in\n                transporting liquor in future.(vi) Before handing over the possession of the\n                vehicle      to       the        petitioner,                  necessary\n                photographs shall be taken and a detailed\n                panchnama in that regard, if not already\n                drawn,      shall         also         be     drawn             for       the\n                purpose of trial.(vii)If,          the        IO        finds              it         necessary,\n                videography of the vehicle also shall be\n                done.    Expenses           towards           the          photographsPage 4 of 5Downloaded on : Wed Jan 12 20:59:04 IST 2022R/SCR.A/175/2022                           ORDER DATED: 11/01/2022\n\n\n\n                and the videography shall be borne by the\n                petitioner.11.     Rule is made absolute to the aforesaid extent.Direct service is permitted.(VIPUL M. PANCHOLI, J.)\n        GautamPage 5 of 5Downloaded on : Wed Jan 12 20:59:04 IST 2022