R/SCR.A/8790/2025 ORDER DATED: 16/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL) NO. 8790 of 2025 ========================================================== RIJAVAN ABUBAKAR SHEKHLAL Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. MAULIK M SONI(7249) for the Applicant(s) No. 1 MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 16/07/2025 ORAL ORDER 1) 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 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) [section 482 of the Code of Criminal Procedure, 1973] with a prayer to release Muddamal Vehicle i.e Mahindra Bolero Pick Up bearing RTO registration No. GJ 11 VV 2656. 2) The case of the prosecution is that while police authorities intercepted the vehicle and on carrying out the search of the said vehicle, it was found that vehicle was carrying animals without any pass or permit, in which animals were transported. Therefore, an FIR being C.R. No. 11203012250133 of 2025 came to be registered with Chorvad Police Station, District Junagadh, for the offence punishable under Sections 11(1) (d), 11(1)(e) and 11(1)(f) of the Prevention of Cruelty to Animals Act and Section 119 of the G.P Act and Section 192 of the Motor Vehicles Act. 3) Pursuant to the said offence, vehicle was seized under Section 6(a)(1) (2)(3)(4) of the Gujarat Animal Preservation (Amendment) Act, 2011 on R/SCR.A/8790/2025 ORDER DATED: 16/07/2025 29.03.2025 and application filed by the petitioner to release the vehicle before the ld. Sessions Court came to be dismissed on 30.05.2025. Section 6(a)(4) of the said Act reads as under:- 6A. Prohibition against transportation of specified animals for slaughter; “The vehicle or conveyance so seized under sub-section (3) shall not be released by the order of the Court on bond or surety before the expiry of six months from the date of such seizure or till the final judgment of the court, whichever is earlier.” 4) The vehicle was seized on 29.03.2025 and application to release the muddamal vehicle before learned Sessions Court was filed on 21.05.2025 within two months and as statutory period of six months was not over, both the learned Courts below have dismissed the applications. Further, both the learned Courts below have assigned the valid reasons for dismissing the applications. 5) In view of the above, more particularly the provisions of Gujarat Animal Preservation (Amendment) Act, 2011, both the ld. Courts below have not committed any error in dismissing the muddamal applications of the petitioner. Therefore, no case is made out to release the muddamal vehicle as sought for by the petitioner. Accordingly, present petition is dismissed. (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 18/07/2025 10:46:33