Smitaben Kalpeshbhai Chaudhary vs State Of Gujarat on 20 July, 2020

[Cites 6, Cited by 182]

Gujarat High Court

Smitaben Kalpeshbhai Chaudhary vs State Of Gujarat on 20 July, 2020

Bench: Bhargav D. Karia

        R/SCR.A/2851/2020                                     ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION NO. 2851 of 2020

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                  SMITABEN KALPESHBHAI CHAUDHARY
                               Versus
                         STATE OF GUJARAT
==========================================================
Appearance:
MR JAY N SHAH(10668) for the Applicant(s) No. 1
MS.NAMRATA J SHAH(6534) for the Applicant(s) No. 1
MS. C.M. SHAH, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                            Date : 20/07/2020

                             ORAL ORDER

1. Heard learned advocate Mr.Jay N. Shah for the applicant and learned Additional Public Prosecutor Ms.Shah for the respondents - State through video conference.

2. Rule returnable forthwith. Learned Additional Public Prosecutor Ms.Shah waives service of rule on behalf of the respondentsState.

3. By this petition under Article 226 and 227 of the constitution of India, the petitioner has prayed for quashing and setting aside the condition imposed by the (Adhoc) Additional District Judge, Tapi at Vyara in order dated 16.03.2020 passed below Criminal Revision Application No.10 of 2019 for release of the Truck No.GJ21T6984 having Chasis No.MAT37314591K24918 under Section 451 of the Code of Page 1 of 4 Downloaded on : Mon Jul 20 21:24:35 IST 2020 R/SCR.A/2851/2020 ORDER Criminal Procedure, 1973.

4. By the impugned order, the vehicle in question was ordered to be released on condition of furnishing unconditional bank guarantee to the tune of 1.5 times the value of the muddamal seized vehicle along with bail and bond of the same amount to the satisfaction of the court below.

5. It is the case of the petitioner that the Chief Judicial Magistrate, Songadh by order dated 01.01.2019 rejected the application filed by the petitioner under Section 451 of the Code of Criminal Procedure, 1973 for returning the muddamal vehicle. The petitioner therefore preferred Criminal Misc. Application No.10 of 2019 in which the impugned order is passed.

6. It is the case of the petitioner that the petitioner is the owner of the vehicle in question and petitioner is carrying on the business of transport. On 21.08.2018 the vehicle in question was detained by the police on allegation that it was involved in illegal mining and transportation of minor mineral sand and the complaint was filed under Section 370, 120(B) of the Indian Penal Code and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 read with Rule 21(2) of the Gujarat Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.

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R/SCR.A/2851/2020 ORDER

7. Learned advocate Mr.Jay Shah for the petitioner submitted that in similar matter being Special Criminal Application No.6957 of 2019, this Court has modified the condition imposed by the court below. It was therefore, submitted that the petitioner is also ready to compound the offence by depositing fine amount as may be specified by the respondents.

8. On the other hand, the learned Additional Public Prosecutor, Ms.C.M. Shah submitted that as the vehicle is under seizure and in custody of the Court, the offence cannot be compounded by the authority.

9. Having heard the learned advocates for both the sides and on considering the fact that the petitioner is ready to compound the offence by depositing the fine amount, the petitioner is permitted to deposit an amount of Rs.50,000/ (Rupees Fifty Thousand only) instead of furnishing the Bank Guarantee to the tune of 1.5 times of the value of the vehicle.

10. The petition is therefore, disposed of by modifying the condition of deposit of Rs. 50,000/ (Rupees Fifty Thousand only) instead of furnishing unconditional bank guarantee to the tune of 1.5 times of the value of the vehicle in question and rest of the conditions imposed by the court below shall continue to operate. The petition stands disposed of accordingly.

Rule is made absolute to the aforesaid extent.

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            R/SCR.A/2851/2020                                        ORDER




        Registry           to   communicate         this   order         to       the

concerned Court/authority by Fax or Email forthwith. Direct service is permitted.

(BHARGAV D. KARIA, J.) PALAK BRAHMBHATT/AMAR RATHOD Page 4 of 4 Downloaded on : Mon Jul 20 21:24:35 IST 2020

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