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R/SCR.A/3178/2025 ORDER DATED: 30/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL) NO. 3178 of 2025 ========================================================== THAKOR MAHESHJI DOLAJI Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: RUTVIK H MODI(8236) for the Applicant(s) No. 1 MR PM DAVE(263) for the Respondent(s) No. 3 NOTICE SERVED for the Respondent(s) No. 2 MR MANAN BHATT, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 30/06/2025 ORAL ORDER The petitioner has preferred the present petition seeking to invoke the extraordinary jurisdiction of this Court under Article 226 and the supervisory jurisdiction under Article 227 of the Constitution of India, as well as the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short,
“BNSS”) [corresponding to Section 482 of the Code of Criminal Procedure, 1973], with a prayer to release the muddamal vehicle. It appears that the vehicle in question, which was used for transporting liquor, is under hypothecation with Chola Finance Company, and dues are outstanding. In view of the above, it does not appear that the learned Trial Court or the Revisional Court has committed any error in dismissing the applications filed by the applicant. Therefore, no case is made out for exercising powers under Section 528 of the BNSS or Articles 226 and 227 of the Constitution of India. Accordingly, the present application stands dismissed.
(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 30/06/2025 18:30:50