R/SCR.A/10822/2025 ORDER DATED: 09/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL) NO. 10822 of 2025 ========================================================== SHAIKH ASHIF MOHAMADYASIN Versus STATE OF GUJARAT ========================================================== Appearance: MR. SOEB R. BHOHARIA(2205) for the Applicant(s) No. 1 VALIMOHAMMED PATHAN(6383) for the Applicant(s) No. 1 MR JK SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 09/09/2025 ORAL ORDER 1. Heard learned advocates for the respective parties. 2. It appears that the vehicle has been released by passing an order to hand over the vehicle subject to furnishing a personal bond as well as a bank guarantee equivalent to the value of the muddamal article as mentioned in the panchnama dated 30th June 2025. 3. Upon perusal of the provisions of the NDPS Act as well as the law laid down by the Hon’ble Apex Court in Bishwajit Dey v. State of Assam (Neutral Citation: 2025 INSC 32) and the order passed by the High Court of Judicature at Patna in Bhola Singh @ Ayush Singh v. State of Bihar, Criminal Misc. No. 40912/2016, it appears that the learned Magistrate has not committed any error, particularly in directing the furnishing of a bank guarantee. If the subsequent involvement of the vehicle is proved, the same shall be liable to confiscation in accordance R/SCR.A/10822/2025 ORDER DATED: 09/09/2025 with the provisions of the NDPS Act. 4. Further, it also appears that confiscation proceedings have already been initiated. In view of the decisions of the Hon’ble Supreme Court in State of M.P. v. Uday Singh, (2020) 12 SCC 733, State of M.P. v. Rakesh Lavaniya, AIR 2019 SC 1597, and Multani Hanifbhai Kalubhai v. State of Gujarat, (2013) 3 SCC 240, once confiscation proceedings are initiated, the muddamal vehicle cannot be released. 5. In view of the above, and considering the fact that the amount involved is also very meager, no case is made out to issue any direction. Accordingly, the present petition stands dismissed. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 12/09/2025 18:07:03