Gujarat High Court
Cj Darcl Logistics Ltd. Through Satbir ... vs State Of Gujarat on 1 November, 2023
NEUTRAL CITATION
R/SCR.A/13975/2023 ORDER DATED: 01/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 13975 of 2023
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CJ DARCL LOGISTICS LTD. THROUGH SATBIR SINGH KHURPASS S/O
MANSINGH KHURPASS
Versus
STATE OF GUJARAT
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Appearance:
MR ANIL GOEL, SR. ADVOCATE, MR. PRATEEK BHATIA, MR AKSHAY R
VYAS(11455) for the Applicant(s) No. 1
MR DM JAYSWAL, PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 01/11/2023
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 i.e. consignments being 1752 boxes of Hair & Shoulders, Pantene Product Shampoo having value of Rs.76,84,223/-, 10 boxes of O.C. Lime Shaving Cream having value of Rs.56,546/- and 589 boxes containing various products and blades of Gillette Company having value of Rs.68,13,825/-.
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2. The case of the prosecution is that while the police personnel were on patrolling, they received a secret information of certain vehicles 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 No. 11215002231063 of 2023 is registered with Anand Town Police Station, Anand, for the offence punishable under the Prohibition Act.
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, while exercising such 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', 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.
5. Learned APP for the respondent has objected the submissions made by learned advocate for the petitioner in view of the provisions of confiscation of the goods contained in the Prohibition Act, however, did not dispute that powers of this Court under Article 226 of the Constitution to order release of the muddamal can be exercised at any time, whenever the Page 2 of 4 Downloaded on : Thu Nov 02 20:45:29 IST 2023 NEUTRAL CITATION R/SCR.A/13975/2023 ORDER DATED: 01/11/2023 undefined Court deems it appropriate.
6. It would be worthwhile to refer profitably at this stage to the observations made by the Apex Court in 'SUNDERBHAI AMBALAL DESAI VS. STATE OF GUJARAT' (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 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. The learned Trial Page 3 of 4 Downloaded on : Thu Nov 02 20:45:29 IST 2023 NEUTRAL CITATION R/SCR.A/13975/2023 ORDER DATED: 01/11/2023 undefined Court / authority concerned is directed to release the muddamal consignments being 1752 boxes of Hair & Shoulders, Pantene Product Shampoo having value of Rs.76,84,223/-, 10 boxes of O.C. Lime Shaving Cream having value of Rs.56,546/- and 589 boxes containing various products and blades of Gillette Company having value of Rs.68,13,825/- subject to the condition that the petitioner shall;
(i) furnish the bank guarantee equivalent to the value of the muddamal shown in the FIR, which shall be maintained till the completion of the trial;
8. Before release of the muddamal, concerned police authority shall take photographs of the same 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.
8.1 If charge-sheet is filed, trial shall be expedited.
9. Rule is made absolute, accordingly. Direct service is permitted.
(J. C. DOSHI,J) UMESH/-
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