Extracted from the PDF above. The PDF is authoritative.
R/SCR.A/6666/2025 ORDER DATED: 07/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL) NO. 6666 of 2025 ========================================================== SULTAN ALI NASIR ALI KHOKHAR Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR J A JAMBUKIYA(13953) for the Applicant(s) No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 2 MS DHWANI TRIPATHI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 07/07/2025 ORAL ORDER By way of present petition under Articles 226 and 227 of the Constitution of India, the petitioner has sought for the release of muddamal vehicle which has been seized in connection with FIR being CR No.11204027250058 of 2025 registered with Kathlal Police Station, District Kheda for the offence under the Motor Vehicles Act, Gujarat Animal Preservation Act and under the provisions of Prevention of Cruelty to Animals Act. Having heard learned advocate for the petitioner and learned APP for respondent No.1 – State of Gujarat and going through the record it appears that confiscation proceedings has already been initiated and therefore, in view of the decision of the Hon’ble Supreme Court in the cases of State of Madhya Pradesh vs. Uday Singh and State of Madhya Pradesh vs. Rakesh Lavaniya wherein it has been held that once confiscation proceedings are initiated, muddamal vehicle cannot be released. In view of above, no case to exercise powers under Articles 226 and 227 of the Constitution is made out. Hence, present petition is dismissed.
(HASMUKH D. SUTHAR, J.) Ajay / AYJ Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/07/2025 18:45:14