R/SCR.A/5687/2025 ORDER DATED: 25/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL) NO. 5687 of 2025 ========================================================== MITESHBHAI HASMUKHBHAI PATEL Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR JAY N SHAH(10668) for the Applicant(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 2 MR MANAN MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 25/06/2025 ORAL ORDER 1. Rule. Learned APP waives notice of rule for and on behalf of the respondent. 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 so also inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 with a prayer to release Muddamal Vehicle i.e TATA Truck TATA LPK 3118 CRE 8X4 BS IV bearing RTO registration No.GJ-16-AV-0880. The said vehicle was seized in connection with the FIR registered at Aamletha Police Station, Dist. Narmada, for the offences under Section 303(2) of BNS. 3. The case of the prosecution is that while the police personnel were on patrolling, they received a secret information of the vehicle in question carrying black-trap minerals and when police authorities intercepted the same, on carrying out the search of the said vehicle, its driver was found carrying simple sand without any pass or permit. R/SCR.A/5687/2025 ORDER DATED: 25/06/2025 4. Heard learned advocate for the petitioner and learned APP for the respondent. 5. Learned Advocate for the petitioner has urged that this Court has wide powers, while exercising such powers under Article 226 of the Constitution. It can also take into account the ratio laid down in the case of Sunderbhai Ambalal Desai vs. State of Gujarat', 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. 6. Learned APP for the respondent has objected the submissions made by learned advocate for the petitioner in view of the provisions of confiscation of the vehicle contained in the Mines and Minerals Act, however, did not dispute that powers of this Court under Article 226 of the Constitution to order release of the vehicle can be exercised at any time, whenever the Court deems it appropriate. 7. The coordinate bench of this Court in the cases of Musa Khan Jat Vs. State of Gujarat (SCR.A/7190/2017) and Jhala Ghanshyamsingh Mobatsingh Vs. State of Gujarat, reported in 2018 (2) GLR 1516, released the vehicle by exercising the power under Articles 226 and 227 of the Constitution of India. 8. It would be worthwhile to refer profitably at this stage to the observations made by the Apex Court in Sunderbhai Ambalal Desai (supra), which read as under:- "15. Learned senior counsel Mr. Dholakia, appearing for the State of Gujarat further submitted that at present in the police station premises, number of vehicles are kept unattended and vehicles become junk day by day. It is his contention that appropriate directions should be given to the Magistrates who are dealing with such questions to hand over such vehicles to its owner or to the person from whom the said vehicles are seized by taking appropriate bond and the guarantee for the return of the said vehicles if required by the Court at any point of time. 16. However, the learned counsel appearing for the petitioners submitted that this question of handing over vehicles to the person from whom it is seized or to its true owner is always a matter of litigation and a lot of arguments are advanced by the concerned persons. Page 2 of 4 R/SCR.A/5687/2025 ORDER DATED: 25/06/2025 17. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles." 9. Resultantly, this petition is Allowed. 10. The learned Trial Court / authority concerned is directed to release the vehicle of the petitioner being TATA Truck TATA LPK 3118 CRE 8X4 BS IV bearing RTO registration No.GJ-16-AV-0880 on the terms and conditions that the petitioner: (i) shall furnish a solvent surety to the tune of 1.5 times of the value of the vehicle. (ii) shall file undertaking before the learned Trial Court that he shall not transfer / change the identity, color etc. of the vehicle till final disposal of the trial. (iii) shall produce the vehicle as and when directed by the learned Trial Court. (iv) if in future, any confiscation / auction proceedings is initiated by the authority under the Mines and Minerals (Development and Regulation) Act, in that event, the petitioner shall have to hand over / return the possession of the vehicle to the respondent authority and the petitioner shall file an undertaking to the said effect before the learned Magistrate; (v) in the event of any subsequent offence, the vehicle shall stand confiscated; (vi) present order does not preclude the learned Magistrate / Authority from passing any order to initiate confiscation proceeding or auction order of vehicle. 11. Before release of the vehicle, concerned police authority shall take photographs / identity of the vehicle from all sides at the cost of the petitioner and shall draw necessary panchanama to that effect. Said panchanama and photographs shall be part of charge sheet papers for the purpose of trial. Page 3 of 4 R/SCR.A/5687/2025 ORDER DATED: 25/06/2025 12. A copy of this order be send to concerned RTO, where the vehicle is registered, for necessary entry in the Register and to take notice that this Court has restrained transfer of vehicle till final disposal of the trial. Such transfer shall be subject to any order that may be passed by the learned Trial Court permitting transfer of vehicle. 13. Rule is made absolute accordingly. Direct service is permitted. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 26/06/2025 14:33:05