Hinaben Udesing Parmar vs State Of Gujarat on 26 July, 2023

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Gujarat High Court

Hinaben Udesing Parmar vs State Of Gujarat on 26 July, 2023

Bench: Samir J. Dave

                                                                                NEUTRAL CITATION




     R/SCR.A/9237/2023                           ORDER DATED: 26/07/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 9237 of 2023

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                         HINABEN UDESING PARMAR
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
MANAN V PATEL(8059) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS KRINA CALLA APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                             Date : 26/07/2023

                              ORAL ORDER

1. Rule. Learned APP waives service of Rule on behalf of respondent-State.

2. By way of this petition, the petitioner has sought invocation of the extra-ordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Article 227 of the Constitution of India so also the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 with a prayer to release the muddamal vehicle being ACTIVA 6G DLX SCOOTER (Two Wheeler) purchased through Invoice No.TR22-R0000266 dated 27.07.2022 bearing Engine No.JF91EW7266647 and Chassis No.ME4JF91AGNW266565 on suitable terms and conditions.

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NEUTRAL CITATION R/SCR.A/9237/2023 ORDER DATED: 26/07/2023 undefined

3. 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 prohibited liquor. When they intercepted and searched the vehicle, it was found to be carrying prohibited liquor, without any pass or permit. Therefore, a complaint being FIR No.11196016230346 was registered with Makarpura Police Station for the offence punishable under the Gujarat Prohibition Act.

4. Heard learned advocate for the petitioner and learned APP for the respondent State.

5. It has been urged by learned advocate for the petitioner that this Court has wide powers under Article 226 of the Constitution. Attention was drawn to the ratio laid down by the Apex Court in the case of SUNDERBHAI AMBALAL DESAI VS. STATE OF GUJARAT', AIR 2003 SC 638, wherein, the Apex Court lamented the scenario of a number of vehicles having been kept unattended and becoming junk within the police station premises. The relevant observations made by the Apex Court in the said judgment reads thus:

"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 Page 2 of 4 Downloaded on : Sat Sep 16 23:00:16 IST 2023 NEUTRAL CITATION R/SCR.A/9237/2023 ORDER DATED: 26/07/2023 undefined 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 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."

6. In the result, this petition is allowed. The respondent- authority concerned is directed to release the muddamal vehicle of the petitioner being ACTIVA 6G DLX SCOOTER (Two Wheeler) purchased through Invoice No.TR22-R0000266 dated 27.07.2022 bearing Engine No.JF91EW7266647 and Chassis No.ME4JF91AGNW266565 on the condition that the petitioner:

(i) shall furnish a solvent surety of the amount Page 3 of 4 Downloaded on : Sat Sep 16 23:00:16 IST 2023 NEUTRAL CITATION R/SCR.A/9237/2023 ORDER DATED: 26/07/2023 undefined equivalent to the value of the vehicle in question as disclosed in the seizure memo or panchnama.

(ii) shall file an undertaking before the trial Court that he will not sell, alienate or transfer the vehicle in question without the prior permission of the concerned Court or till conclusion of trial and shall produce the vehicle as and when directed by the trial Court;

(iii) in the event of any subsequent offence involving the vehicle in question, the same shall stand confiscated.

6.1 Before handing over possession of the vehicle to the petitioner, the Investigating Officer shall take necessary photographs of the vehicle and shall also draw a detailed panchnama, if not already drawn, for the purpose of trial. Rule is made absolute accordingly. Direct service is permitted.

(SAMIR J. DAVE,J) PRAVIN KARUNAN Page 4 of 4 Downloaded on : Sat Sep 16 23:00:16 IST 2023

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