R/SCR.A/7241/2025 ORDER DATED: 17/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL) NO. 7241 of 2025 ========================================================== RANA VISHWAJITSINH MAHENDRASINH (RANA VISHVJITSINH MAHENDRASINH) Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR VIVEK M MARU(14011) for the Applicant(s) No. 1 MS MEGHA CHITALIYA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 17/06/2025 ORAL ORDER RULE. Learned APP waives service of notice of rule for and on behalf of the respondent – State of Gujarat. By way of present petition, the petitioner, who is not the registered owner of the muddamal vehicle, has sought release of muddamal vehicle. Admittedly, present petitioner is not the registered owner of the muddamal vehicle and failed to point out any proximity or entitlement of vehicle. Even, as per section 2(30) of the Motor Vehicles Act petitioner is not the registered owner of the vehicle and keeping in mind section 98(2) of the Gujarat Prohibition Act and in view of the decision of the Hon’ble Apex Court in case of Khengarbhai Lakhabhai Dambhala vs. The State of Gujarat reported in 2024 INSC 285 and Pareshkumar Jaykarbhai Brahmbhatt vs. State of Gujarat reported in 2018(1) GLR 558, no case is made out to entertain the present petition in exercise of powers under Article 226/227 of the Constitution of India and hence, present petition is dismissed. Rule is discharged. (HASMUKH D. SUTHAR, J.) Ajay 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 17/06/2025 18:52:50