R/SCR.A/4704/2025 ORDER DATED: 09/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL) NO. 4704 of 2025 ========================================================== MULTANI SARFARAZ UMMARBHAI Versus STATE OF GUJARAT ========================================================== Appearance: MR NADEEM B MANSURI(11332) for the Applicant(s) No. 1 MR BHARGAV PANDYA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 09/09/2025 ORAL ORDER By way of present petition under Articles 226 and 227 of the Constitution of India read with Section 528 of the BNSS, the petitioner has prayed for the release of muddamal vehicle Mahindra Truck No.GJ-06-VV-4779. Heard learned advocate for the petitioner and leaerned APP for respondent – State of Gujarat. Learned advocate for the petitioner has submitted that the petitioner has received notice from the authority to release the vehicle. Learned APP has submitted that FIR being CR No.11209049240004 of 2025 registered with Talod Police Station, District Sabarkantha for the offences under the Gujarat Animal Preservation (Amendment) Act, 2017 and the Protection of Animals (Amendment) Act. Under Section 4(C) of the Gujarat R/SCR.A/4704/2025 ORDER DATED: 09/09/2025 Animal Preservation (Amendment) Rules, 2017, notices for confiscation of muddamal vehicle came to be issued to the petitioner subsequent to that, on 23.04.2024 and 12.03.2025, which are already received by the petitioner. As confiscation proceedings are already initiated, in view of the decision of the Hon’ble Supreme Court in the cases of Multani Hanifbhai Kalubhai v. State of Gujarat reported in 2013 (3) SCC 240; State of Madhya Pradesh vs. Uday Singh and State of Madhya Pradesh vs. Rakesh Lavaniya, once confiscation proceedings are initiated, no case for release of muddamal vehicle is made out. Hence, present petition is dismissed. (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 10/09/2025 13:05:07