R/SCR.A/8918/2025 ORDER DATED: 01/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL) NO. 8918 of 2025 ========================================================== AZRUDDINBHAI MEHBUBBHAI KURESH Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR SEHBAZHUSAN A KADRI(8012) for the Applicant(s) No. 1 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 01/07/2025 ORAL ORDER 1. Heard learned advocate for the petitioner and learned APP appearing for the respondent-State. 2. Perusing Annexure-E to the petition, it appears that confiscation proceedings with regard to the muddamal vehicle has been initiated on 15.05.2025. 3. In view of the fact that the confiscation proceedings are initiated by the Government of Gujarat through competent authority and the decision of the Hon’ble Supreme Court in the case of State of Madhyapradesh v. Uday Singh reported in 2019 (0) IJEL-SC-63872, wherein it has been held that “jurisdiction of section 451 of the Cr.P.C. is not available to the Magistrate, once the Authorized Officer initiated confiscation proceedings”, present petition stands dismissed in limine. (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 01/07/2025 18:54:07