Gujarat High Court
Vivek Rajendrakumar Ramashankar vs State Of Gujarat on 6 May, 2026
NEUTRAL CITATION
R/SCR.A/5249/2026 ORDER DATED: 06/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 5249 of 2026
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VIVEK RAJENDRAKUMAR RAMASHANKAR
Versus
STATE OF GUJARAT
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Appearance:
KRUTARTH K DESAI(9662) for the Applicant(s) No. 1
MR KANVA ANTANI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 06/05/2026
ORDER
Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of respondent No.1.
1. The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 226 of the Constitution of India so also inherent powers of this Court under Section 497 of the BNSS with a prayer to release Muddamal being (i) ATM Card of HDFC Bank (ii) ATM Card of SBI Bank (iii) ATM Card of Bank of Baroda (iv) Credit card of AMU Small bank
(v) Aadhar card (vi) PAN Card (vii) Election card (viii) Driving License (ix) R C Book of Breeza Car having RTO Registration No GJ 26-AE-2507 (x) I Card of Shanti Niketan School (xi) Blank cheque having number 000065 (xii) Mobile phone of VIVO seized in connection with the FIR registered as C.R.No.11199050250192 of 2025 with Valiya Police Station, District: Bharuch for the offences punishable under the provisions of the Bharatiya Nyaya Sanhita, 2023 and the Gujarat Page 1 of 3 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Thu May 14 2026 Downloaded on : Fri May 15 23:24:55 IST 2026 NEUTRAL CITATION R/SCR.A/5249/2026 ORDER DATED: 06/05/2026 undefined Police Act.
2. It is the case of the petitioner that petitioner is the owner of the aforesaid muddamal in question and therefore, he is before this Court.
3. Heard learned advocate for the petitioner and learned APP for the respondent State.
4. Learned advocate appearing for the petitioner submitted that this Court while exercising the powers under Article 226 of the Constitution of India, also takes into account the ratio laid down in the case of Sundarbhai Ambalal Desai Vs. State of Gujarat, (2002) 10 SCC 283, wherein, the Apex Court has passed directions to dispose of the claim of seized muddamal expeditiously.
5. Learned Additional Public Prosecutor has opposed this application and states that looking to the averments made in the FIR, the petition is liable to be dismissed.
6. After referring to the directions issued in the case of Sundarbhai Ambalal Desai (supra) by the Apex Court and subsequent orders passed by this Court as well as considering the facts and circumstances of the case, this Court is of the opinion that, the application requires consideration and hence, the same is allowed.
7. Resultantly, this application is allowed. The authority concerned is directed to release the muddamal being (i) ATM Card of HDFC Bank (ii) ATM Card of SBI Bank (iii) ATM Card of Bank of Baroda (iv) Credit card of AMU Small bank (v) Aadhar Page 2 of 3 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Thu May 14 2026 Downloaded on : Fri May 15 23:24:55 IST 2026 NEUTRAL CITATION R/SCR.A/5249/2026 ORDER DATED: 06/05/2026 undefined card (vi) PAN Card (vii) Election card (viii) Driving License (ix) R C Book of Breeza Car having RTO Registration No GJ 26-AE-2507
(x) I Card of Shanti Niketan School (xi) Blank cheque having number 000065 (xii) Mobile phone of VIVO seized in connection with the FIR registered as C.R.No.11199050250192 of 2025 with Valiya Police Station, District: Bharuch.
8. Before handing over the possession of the muddamal i.e. (i) ATM Card of HDFC Bank (ii) ATM Card of SBI Bank (iii) ATM Card of Bank of Baroda (iv) Credit card of AMU Small bank (v) Aadhar card (vi) PAN Card (vii) Election card (viii) Driving License
(ix) R C Book of Breeza Car having RTO Registration No GJ 26- AE-2507 (x) I Card of Shanti Niketan School (xi) Blank cheque having number 000065 (xii) Mobile phone of VIVO to the petitioner, necessary photographs shall be taken and detailed panchnama in that regard, if not already drawn, shall be drawn for the purpose of trial.
9. Rule is made absolute. Direct service is permitted.
(M. R. MENGDEY,J) AHS Page 3 of 3 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Thu May 14 2026 Downloaded on : Fri May 15 23:24:55 IST 2026