Aachar Adam vs State Of Gujarat on 23 June, 2020

[Cites 5, Cited by 2]

Gujarat High Court

Aachar Adam vs State Of Gujarat on 23 June, 2020

Bench: A.G.Uraizee

         R/SCR.A/1695/2020                                                 ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CRIMINAL APPLICATION NO. 1695 of 2020

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                                 AACHAR ADAM
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR SHIVANG M SHAH(5916) for the Applicant(s) No. 1
MS SONIA S SHAH(10150) for the Applicant(s) No. 1
VIKAS V NAIR(7444) for the Applicant(s) No. 1
MS JIRGA JHAVERI APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE A.G.URAIZEE

                                   Date : 23/06/2020

                                    ORAL ORDER

1. Rule. Learned APP Ms. Jirga Jhaveri waives service of Rule on behalf of the respondent - State.

2. The petitioner has preferred this petition seeking to invoke extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Section 227 of the Constitution of India so also inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 for the release of the muddamal vehicle Eicher Tempo bearing Registration No. GJ-21-W-6714 seized in connection with FIR bearing No. II- C.R. No.10/2019 registered with "B" Division Police Station, Songadh, District Tapi for the offences punishable under Sections 11 (1) (D), (E), (F), (H) of Prevention of Cruelty to Animals Act, 1960, Section 2 of the Animal Traffic Control Act, 1975, Sections 4 and 9 of the Gujarat Essential Commodities and Cattle (Control) Act, 2005 R/w Section 4 and 9 of Gujarat Essential Commodities and Cattle (Control) Act, 2005 and Section 125 (E) of Central Motor Vehicle (11th Amendment) Rules, 2015.

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R/SCR.A/1695/2020 ORDER

3. I have heard Mr. Vikas Nair, learned advocate for the petitioner and Ms. Jirga Jhaveri, learned APP for the respondent.

4. Mr. Vikas Nair, learned advocate for the petitioner submits that the Muddamal vehicle was recovered from the possession of the petitioner as he has purchased it from the original owner. He further submits that so far the Muddamal vehicle is not transferred in the name of the petitioner, however, the registered owner has tendered affidavit as he has no objection if the Muddamal vehicle is given to the petitioner. He submits that if the vehicle is allowed to remain in the police station, it would become junk. Hence, he urges that the custody of the vehicle may be given to the petitioner on appropriate terms and conditions.

5. Ms. Jirga Jhaveri, learned APP has opposed present application. She submits that the issue of bar under Section 9(2) of the Gujarat Essential Commodities and Cattle (Control) Act, 2005, the custody of the vehicle cannot be given to the petitioner. She further submits that the issue under Section 9(2) is pending before the Hon'ble Supreme Court. She therefore, urges that the present petition may be dismissed.

6. It appears that the Courts below have refused to give the custody of muddamal vehicle to the petitioner essentially on the ground that Section 9(2) of the Gujarat Essential Commodities and Cattle (Control) Act, 2005, the muddamal vehicle is liable to confiscation if it is found that the vehicle was used in transporting the livestock. However, considering the overall facts of the case I am of the view that if the muddamal vehicle remains in Police custody for long, it will be reduced to scrap and keeping question of Section 9(2) of the Gujarat Essential Commodities and Cattle (Control) Act, 2005, I am, therefore, of the view that without entering into the merits of the case, custody of the muddamal vehicle deserves to be given to the petitioner under Section 451 of the Code during the pendency of the trial.

7. For the foregoing reasons, the petition succeeds and is hereby allowed and the order passed by the Court below are set aside. The custody of muddamal Page 2 of 3 Downloaded on : Tue Jun 23 22:03:37 IST 2020 R/SCR.A/1695/2020 ORDER i.e. Eicher Tempo bearing Registration No. GJ-21-W-6714, which is detained in connection with II C.R. No.10/2019 registered with B" Division Police Station, Songadh, District Tapi is ordered to be handed over to the petitioner on the following condition:-

(i) shall furnish, by way of security, bond of Rs.5,00,000/- (Rs. Five Lakhs Only) and solvent surety of the equivalent amount;

(ii) The petitioner shall file an undertaking on oath before the learned trial Court that he shall not transfer, alienate or part with possession of the vehicle till conclusion of the trial and further,produce the vehicle as and when the Court directs him to do so.

(iii) the Muddamal vehicle shall not be used for any illegal activities including transporting live stock

(iv) The petitioner shall not change the colour and scheme of the vehicle.

(v) Before release of the vehicle, the police authority shall take photographs of the vehicle at the cost of the petitioner.

8. Rule is made absolute to the aforesaid extent. Registry to communicate this order to the concerned Court/authority through Fax/E-mail.

(A.G.URAIZEE, J) Pallavi Page 3 of 3 Downloaded on : Tue Jun 23 22:03:37 IST 2020

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