R/SCR.A/9285/2025 ORDER DATED: 10/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL) NO. 9285 of 2025 ========================================================== PATHAN ANWARKHA ABBASKHAN Versus STATE OF GUJARAT ========================================================== Appearance: MR MUSAIB I SHAIKH(10565) for the Applicant(s) No. 1 MS VRUNDA SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 10/07/2025 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.11206073240485 of 2024 registered with Vadnagar Police Station, District Mehsana for the offence under the Gujarat Animal Preservation Act, 2011, Prevention of Cruelty to Animals Act, 1960, Bharatiya Nyaya Sanhita, 2023 and Central Motors Vehicle (Amendment) 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 R/SCR.A/9285/2025 ORDER DATED: 10/07/2025 dismissed. The petitioner is at liberty to file appropriate proceedings. It is made clear that this Court has not gone into the merit of the case. (HASMUKH D. SUTHAR,J) ANKIT JANSARI 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 10/07/2025 18:55:08