Gujarat High Court
State Of Gujarat vs Rameshbhai Dalpatbhai Patel on 8 June, 2023
R/SCR.A/9094/2017 ORDER DATED: 08/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 9094 of 2017
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STATE OF GUJARAT
Versus
RAMESHBHAI DALPATBHAI PATEL
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Appearance:
MR SOAHAM JOSHI, APP for the Applicant(s) No. 1
MR. JAVED S QURESHI(6999) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 08/06/2023
ORAL ORDER
1. This petition is filed by the State of Gujarat being aggrieved and dissatisfied with the order dated 7.9.2017 passed by the learned 2 nd Adhoc Additional District & Sessions Judge below Exh.5 in Criminal Revision Application No.221 of 2017 releasing the muddammal vehicle i.e. Maruti Wagon R bearing Registration No.GJ-5JL-2454 which is seized as muddamal in connection with the FIR being C.R.No.III-108 of 2017 registered with Valsad City Police Station for the offences punishable under the provisions of the Gujarat Prohibition Act.
2. Rule. Learned advocate waives service of notice of rule for the respondent.
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R/SCR.A/9094/2017 ORDER DATED: 08/06/2023
3. Learned APP for the petitioner-State has submitted that the vehicle in question was used for transporting liquor by the accused and the learned lower appellate Court has committed a grave error in releasing the said vehicle as the same vehicle may be used for transporting liquor in future also which will be detrimental to the interest of the society at large. He, therefore, requested to allow this petition by quashing the impugned order.
4. Learned advocate for the respondent submitted that the said vehicle is duly registered with the Transport Department of the Government and in support of it, RC Book is placed on record. He has submitted that the petitioner is the owner of the vehicle in question. He further submitted that looking to these aspects and the aspect that if the vehicle will lie till the trial is over, it will become junk, the learned lower appellate Court has ordered for release of the vehicle on suitable terms and conditions, which is just and proper. He, therefore, requested to dismiss this petition.
5. On hearing both the sides and on perusing the impugned order, I am of the opinion that if the vehicle in question would not have been released, ultimately it would reduce to scrap and further the land / space of the campus of the police stations will also reduce to scrapyards. As Page 2 of 3 Downloaded on : Fri Jun 09 20:44:26 IST 2023 R/SCR.A/9094/2017 ORDER DATED: 08/06/2023 against this, continuing the vehicle in police custody as muddamal, for various reasons, hardly turns out to be a factor for furtherance of dispensation of justice, on conclusion of the trial, as and when that stage is reached, if remains. In view of this and also in view of the ratio laid down in the case of Sunderbhai Ambalal Desai versus State of Gujarat reported in AIR 2003 SC 638, wherein, the Apex Court lamented the scenario of number of vehicles having been kept unattended and becoming junk within the police station premises, and the fact that even this Court in number of cases have released the vehicles, I am of the opinion that there is no error committed by the learned lower appellate Court in passing the impugned order. Hence, this petition is required to be dismissed and accordingly dismissed. Rule is discharged.
(SANDEEP N. BHATT,J) M.H. DAVE Page 3 of 3 Downloaded on : Fri Jun 09 20:44:26 IST 2023