Gujarat High Court
Nareshbhai Vardhabhai Rabari vs State Of Gujarat on 10 January, 2024
NEUTRAL CITATION
R/SCR.A/16256/2023 ORDER DATED: 10/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 16256 of 2023
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NARESHBHAI VARDHABHAI RABARI
Versus
STATE OF GUJARAT
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Appearance:
MR HB CHAMPAVAT(6149) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 10/01/2024
ORAL ORDER
RULE. Learned APP waives notice of rule for and on behalf of the respondents.
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 482 of the Code of Criminal Procedure, 1973 with a prayer to release Muddamal Vehicle i.e Maruti Swift Car bearing RTO registration No.HR-51-BB-5337.
2. The case of the prosecution is that while the police personnel were on patrolling, they received a secret information of the vehicle in question carrying liquor and when police authorities intercepted the same, on carrying out the search of the said vehicle, its driver was found carrying liquor without any pass or permit. Therefore, an FIR being C.R. Page 1 of 5 Downloaded on : Wed Jan 17 20:30:48 IST 2024 NEUTRAL CITATION R/SCR.A/16256/2023 ORDER DATED: 10/01/2024 undefined No.11192008230402 of 2023 registered with Bavla Police Station, District : Ahmedabad Rural for the offence punishable under the Prohibition Act.
2.1. It is the case of the petitioner that in the present case, the present petitioner has not arraigned as an accused in the said offence. He has purshased the vehicle from one Bhoop Singh R/o Ashok Nagar, Fatehabad, Haryana and he has issued transfer certificate in favour of the present applicant through State Transport Department, Haryana. No Objection Certificate dated 08.09.2023 is issued in favour of the present petitioner and his name is yet to be updated in the State Road Transport Department, during the aforesaid pending proceudre, vehicle is seized in the alleged offence. Hence present application is filed.
3. Heard learned advocate for the petitioner and learned APP for the respondents.
4. Learned Advocate for the petitioner has urged that this Court has wide powers under Article 226 of the Constitution. It can also take into account the ratio laid down in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat reported in AIR 2003 SC 638, wherein, the Hon'ble Apex Court lamented the scenario of number of vehicles having been kept unattended and becoming junk within the police station premises.
5. Learned APP for the respondents has objected the submissions made by learned advocate for the petitioner and Page 2 of 5 Downloaded on : Wed Jan 17 20:30:48 IST 2024 NEUTRAL CITATION R/SCR.A/16256/2023 ORDER DATED: 10/01/2024 undefined urged that of course, powers of this Court under Article 226 of the Constitution to order release of the vehicle can be exercised at any time, whenever the Court deems it appropriate but this is not a fit case to exercise the jurisdiction and hence, requested to dismiss the petition.
6. Considering the fact that Registration Number of the vehicle is the same and the original owner has given self declaration, which is produced at Annexure-A and considering the Form No.28, issued under Rule 58(1)(3)(4) of the Motor Vehicle Rules as sale transactions took place and present petitioner is a purchaser. It is expedient to handover the vehicle to the present petitioner.
6.1. It would be worthwhile to refer profitably at this stage to the observations made by the Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai (Supra), which read as under:
"15. Learned senior counsel Mr. Dholakia, appearing for the State of Gujarat further submitted that at present in the police station premises, number of vehicles are kept unattended and vehicles become junk day by day. It is his contention that appropriate directions should be given to the Magistrates who are dealing with such questions to hand over such vehicles to its owner or to the person from whom the said vehicles are seized by taking appropriate bond and the guarantee for the return of the said vehicles if required by the Court at any point of time.
16. However, the learned counsel appearing for the petitioners submitted that this question of handing over vehicles to the person from whom it is seized or to its true owner is always a matter of litigation and a lot of arguments are advanced by the concerned persons.
17. In our view, whatever be the situation, it is of no use to Page 3 of 5 Downloaded on : Wed Jan 17 20:30:48 IST 2024 NEUTRAL CITATION R/SCR.A/16256/2023 ORDER DATED: 10/01/2024 undefined keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles."
7. Resultantly, this petition is allowed.
8. The learned Trial Court / authority concerned is directed to release the vehicle of the petitioner being Maruti Swift Car bearing RTO registration No.HR-51-BB-5337, on the terms and conditions that the petitioner:
(i) shall furnish a solvent surety of the amount equivalent to the price of the vehicle in question stated in the FIR / panchnama.
(ii) shall file undertaking before the learned Trial Court that he shall not transfer / change the identity, color etc. of the vehicle till final disposal of the trial.
(iii) shall produce the vehicle as and when directed by the learned Trial Court.
(iv) in the event of any subsequent offence, the vehicle shall stand confiscated.
(v) As and when vehicle is transferred in the name of the present petitioner and Registration of Gujarat is allotted to the said vehicle, petitioner shall have to inform about the registration number of the vehicle to the concerned Police Station as well as RTO, Palanpur, Banaskantha and shall not change the identity of the vehicle.Page 4 of 5 Downloaded on : Wed Jan 17 20:30:48 IST 2024
NEUTRAL CITATION R/SCR.A/16256/2023 ORDER DATED: 10/01/2024 undefined
9. Before release of the vehicle, concerned police authority shall take photographs / identity of the vehicle from all sides at the cost of the petitioner and shall draw necessary panchanama to that effect. Said panchanama and photographs shall be part of charge sheet papers for the purpose of trial.
10. Copy of this order be send to concerned RTO, where the vehicle is registered, for necessary entry in the Register and to take notice that this Court has restrained transfer of vehicle till final disposal of the trial. Such transfer shall be subject to any order that may be passed by the learned Trial Court permitting transfer of vehicle.
11. Rule is made absolute accordingly. Direct service is permitted.
(HASMUKH D. SUTHAR,J) KUMAR ALOK Page 5 of 5 Downloaded on : Wed Jan 17 20:30:48 IST 2024