R/SCR.A/6090/2025 ORDER DATED: 07/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL) NO. 6090 of 2025 ============================================ VASTABHAI AMRABHAI PRAJAPATI Versus STATE OF GUJARAT ============================================ Appearance: ALPESHSINH B RAJPUT(8982) for the Applicant(s) No. 1 MR NIRAV K PADHIYAR(5678) for the Applicant(s) No. 1 MR MANAN MAHETA, APP for the Respondent(s) No. 1 ============================================ CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 07/08/2025 ORAL ORDER RULE. Learned APP waives notice of rule for and on behalf of the respondents. [1.0] 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 Sections 528 and 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) with a prayer to release Muddamal Vehicle i.e Mahindra & Mahindra Scorpio Classic Car bearing RTO registration No.GJ-18-BS-4116, which was seized in connection with the FIR No.11199056240069 of 2024, registered with Vagra Police Station, District Bharuch for the offence punishable under Sections 380, 454 and 114 of the Indian Penal Code. [2.0] Learned Advocate for the petitioner has urged that this Court has wide powers under Article 226 of the Constitution. It can also take into account the ratio laid down in the case of Sunderbhai Ambalal R/SCR.A/6090/2025 ORDER DATED: 07/08/2025 Desai Vs. State of Gujarat reported in AIR 2003 SC 638, wherein, the Hon’ble Apex Court lamented the scenario of number of vehicles having been kept unattended and becoming junk within the police station premises. The learned Advocate for the petitioner has produced NOC of the Finance Company which is taken on record. [3.0] Learned APP has opposed the present petition on the ground that the impugned vehicle is used in commission of four offences viz., 1) FIR being Part A No.0149/2023, for the offence under Section 143, 148, 149, 302, 307, 34, 120(b) and 427 of the IPC and under Section 25(1)(a) and 27, registered with Mavsari Police Station, District Banaskantha, 2) FIR being Part A C.R.No.0131/2024, for the offence under Section 380, 427, 511 and 114 of the IPC, registered with Dahej Police Station and 3) FIR being C.R.No.0117/2024 for the offence under Sections 379 and 34 of the IPC registered with Upnagar Police Station, (Nandurbar – Maharashtra). If the vehicle is released then the petitioner will use the said vehicle in another offence also, therefore, the vehicle is not required to be released and for other offences the custody of vehicle is required. Hence, requested to dismiss the petition. [4.0] Heard learned advocates appearing for the respective parties. [5.0] In other offences the impugned vehicle is yet to be seized as not seized as muddamal. As such no purpose would serve to keep the vehicle for identification in police station, it is expedient to avoid situation of vehicle getting deteriorated pending the trial and hence, keeping in mind the aforesaid peculiar fact and keeping in mind the law laid down by the Hon’ble Apex Court in the case of Sunderbhai R/SCR.A/6090/2025 ORDER DATED: 07/08/2025 Ambalal Desai vs. State of Gujarat reported in (2002)10 SCC 283, with certain stringent conditions, present petition deserves consideration in exercise of powers under Article 226 of the Constitution of India. [6.0] Resultantly, this petition is ALLOWED. [7.0] The learned Trial Court / authority concerned is directed to release the vehicle of the petitioner being Mahindra & Mahindra Scorpio Classic Car bearing RTO registration No.GJ-18-BS-4116 only in connection with FIR No.11199056240069 of 2024, registered with Vagra Police Station, District Bharuch for the offence punishable under Sections 380, 454 and 114 of the Indian Penal Code, on the terms and conditions that the petitioner: (i) shall furnish a solvent surety of the amount equivalent to the price of the vehicle in question stated in the FIR / panchnama. (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) shall not use the vehicle in any other offence. [8.0] 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. [9.0] A copy of this order be sent to concerned RTO, where the vehicle is registered, for necessary entry in the Register and to take notice R/SCR.A/6090/2025 ORDER DATED: 07/08/2025 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. [10.0] Rule is made absolute accordingly. Direct service is permitted. (HASMUKH D. SUTHAR,J) ANKIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 08/08/2025 10:15:01