R/SCR.A/1233/2024 ORDER DATED: 20/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL) NO. 1233 of 2024 ========================================================== SALIMSHA AMADSHAH SARVADI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MS NAMRATA HARISHBHAI CHAUHAN(6534) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2 MR RN SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 20/06/2025 ORAL ORDER 1. The present application is filed by the applicant seeking following reliefs; “(a) Your Lordships may be pleased to admit the present Special Criminal Application; (b) Your Lordship may be pleased to quash and set aside the order dated 28.11.2023 passed by The Learned Additional Sessions Judge, Rajkot in Criminal Misc. Application No. 4206 of 2023 and shall direct the respondent authority to release the vehicle. (c) Your Lordship may be pleased modify the Para 2 of the order dated 28.11.2023 passed by The Learned Additional Sessions Judge, Rajkot by further giving direction to petitioner to submit solvent surety as per Schedule III of a machine such as excavator machine, as per Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017 i.e upto Rs. 1,00,000/-” 2. Heard learned advocates for the respective parties. 3. Having heard the learned advocates appearing for the R/SCR.A/1233/2024 ORDER DATED: 20/06/2025 respective parities and having perused the documents on record, it appears that, vide order dated 28.11.2023, the learned Additional Sessions Judge, Rajkot, allowed Criminal Misc. Application No. 4206 of 2023 and directed that the interim custody of the TATA 3118 Truck bearing Registration No. GJ- 12AY-9600 be handed over to the applicant upon furnishing a personal bond and an indemnity bond of Rs. 15,00,000/- before the concerned police station. 4. In view of the above, the order dated 28.11.2023 passed by the learned Additional Sessions Judge, Rajkot, in Criminal Misc. Application No. 4206 of 2023 is hereby modified to the extent that the petitioner shall furnish a solvent surety valued at 1.5 times the value of the muddamal vehicle, subject to the satisfaction of the learned Trial Court, on the same terms and conditions as imposed by the concerned Sessions Judge. The rest of the order shall remain unchanged. 5. With the aforesaid direction, the present petition stands disposed of. Rule is made absolute to the aforesaid extent. Direct service is permitted. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 23/06/2025 18:40:21