Back
2020 Supreme(Guj) 529
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.G. Uraizee, J.
Zapda Bhupendrabhai Ghelabhai - Applicant
Versus
State of Gujarat - Respondent
R/Special Criminal Application No. 1932 of 2020
Decided On : 30-06-2020
For the Applicant : Mr. Maulin G. Pandya.
For the Respondent: Ms. Jirga Jhaveri, APP.
Point of Law:
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.
Headnote:
Constitution of India - Articles 226 and 227 - Code of Criminal Procedure, 1973 - Section 482 – Seizer of vehicle – Seeking release of - To issue a writ, order or direction directing the respondent No.1 to release/handover seized Tavera Car which is seized by the investigating officer of Valsad Rural Police Station in connection with Prohibition (III) C.R. to the petitioner on appropriate conditions as deemed fit – Held, without determining the other issues raised by the petitioner, in reference to Sections 98 and 99 and other provisions of the said Act and reserving that to be determined in future, in an appropriate proceedings being a contentious issue, this Court chooses not to enter into that arena in the present matter and instead exercise the powers under Articles 226 and 227 of the Constitution- powers under Section 451 of the Code are properly and promptly exercised and articles are not kept for a long time at the police station, in any case, for not more than fifteen days to one month. It, therefore, directed that this object can also be achieved if there is proper supervision by the Registry of the concerned High Court in seeing that the rules framed by the High Court with regard to such articles are implemented properly.
Facts of the Case:
It is the case of the petitioner that he is the owner of the vehicle being Tavera Car bearing registration No. GJ-03-ER- 0644 and it is duly registered with the transport department of the Government. He had preferred an application for the release of the vehicle in question, which came to be disposed of by the learned 4th Additional Chief Judicial Magistrate, Valsad vide order dated 19.11.2019.
Finding of the Court:
without determining the other issues raised by the petitioner, in reference to Sections 98 and 99 and other provisions of the said Act and reserving that to be determined in future, in an appropriate proceedings being a contentious issue, this Court chooses not to enter into that arena in the present matter and instead exercise the powers under Articles 226 and 227 of the Constitution- powers under Section 451 of the Code are properly and promptly exercised and articles are not kept for a long time at the police station, in any case, for not more than fifteen days to one month. It, therefore, directed that this object can also be achieved if there is proper supervision by the Registry of the concerned High Court in seeing that the rules framed by the High Court with regard to such articles are implemented properly.
Result: application is ALLOWED
ORDER :
1. RULE. Learned APP waives service of notice of rule on behalf of the respondent-State.
2. The petitioner has preferred this petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 is preferred seeking substantive reliefs:
“A. Your Lordships may be pleased to issue a writ, order or direction directing the respondent No.1 to release/handover seized Tavera Car bearing R.T.O. Registration No. GJ-03-ER-0644 which is seized by the investigating officer of Valsad Rural Police Station in connection with Prohibition (III) C.R. No. 484/2019 tot he petitioner on appropriate conditions as deemed fit by this Hon’ble Court; and further be pleased to quash and set aside the order dated 19.11.2019 passed by the Ld. 4th Addl. Chief Judicial Magistrate, Valsad as well as order dated 02.01.2020 passed by the Ld. Sessions Judge, Valsad passed in C.R.R.A. No. 144 of 2019.
B. Pending the admission and final hearing of this application, Your Lordships may be pleased to issue direction for release/handover seized Tavera Car bearing R.T.O. registration No. GJ-03-ER-0644 to the petitioner on appropriate conditions as deemed fit by this Hon’ble High Court.
C. Interim relief in terms of paragraph (B) above may be pleased.”
3. It is the case of the petitioner that he is the owner of the vehicle being Tavera Car bearing registration No. GJ-03-ER- 0644 and it is duly registered with the transport department of the Government. He had preferred an application for the release of the vehicle in question, which came to be disposed of by the learned 4th Additional Chief Judicial Magistrate, Valsad vide order dated 19.11.2019.
4. The case of the prosecution is that on 30.08.2019, while the police personnels were on patrolling, they received a secret information of the vehicle in question carrying liquor and when police authorities intercepted the same, on carrying out the search of the said vehicle, its driver was found carrying liquor. Therefore, FIR being C.R. No.III-484/2019 came to be lodged with Valsad Rural Police Station, District Valsad for the offence under the provisions of the Prohibition Act.
5. Heard Mr. M.G. Pandya, learned advocate for the petitioner and Ms. Jirga Jhaveri, learned APP for the respondent-State.
6. Mr. Pandya, learned advocate for the applicant submitted that in identical matter, Coordinate Bench of this Court has passed an order on 10.05.2019 in Special Criminal Application No.5213 of 2019 and on 12.06.2020 in Special Criminal Application No. 5208 of 2019 and thereby this Court directed the concerned authority to release the vehicle in question. The facts of the said petition are identical to that of the present petition.
7. Mr. Pandya, 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 un-attended and becoming junk within the police station premises.
8. This Court has also heard Ms. Jirga Jhaveri, learned Public Prosecutor and she has urged that appropriate conditions be imposed, while ordering release of the vehicle. She has further pointed out that this Court (Coram: J.B. Pardiwala, J.) in the case of ‘ANILKUMAR RAMLAL @ RAMANLALJI MEHTA VS. STATE OF GUJARAT’ in Special Criminal Application No. 2185 of 2018, dated: 05.04.2018, and in the earlier decision in ‘PARESHKUMAR JAYKARBHAI BRAHMBHATT VS. STATE OF GUJARAT’ in Special Criminal Application No. 8521 of 2017 and the allied matters decided on 15.12.2017, has held that the powers of the Magistrate to order interim release of the seized vehicle under Section 98(2) of the said Act has been curtailed, and therefore, the Courts below have been held to have no jurisdiction to order interim release of the vehic
