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2020 Supreme(Guj) 530
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Ashutosh J. Shastri, J.
Khalpa Mohsin Nisarbhai - Applicant
Versus
State of Gujarat - Respondent
R/Special Criminal Application No. 1399 of 2020
Decided On : 23-07-2020
For the Applicant : Mr. S.S. Saiyed.
For the Respondent: Mr. J.K. Shah, 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:
Gujarat Animal Prevervation Amendment Act, 2017 – Sections 6(a)(4)(3) and 8(2) – To call for the record and proceedings of the offence registered with Godhra-B Division Police Station, Dist.-Panchmahals and also the record from the Court of Ld. 3rd Additional Chief Judicial Magistrate, at Godhra, Panchmahals and Criminal Revision Application from the court of Ld. 7th Additional District Judge, Panchmahals at Godhra, along with the order passed thereon, and after persuing the same, be pleased to quash and set aside the impugned judgment and order respectively and further be pleased to release interim custody of muddamal vehicle bearing registration in favour of the petitioner – Held , 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 - 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 choses not to enter into that arena in the present matter and instead exercise the powers under Articles 226 and 227 of the Constitution – Authority concerned is directed to RELEASE the vehicle of the petitioner, being Mahindra Maxx Pick up Truck bearing registration on the terms and conditions that the petitioner - Petition allowed.
Facts of the Case:
Case of the petitioner is that the petitioner is the registered owner of muddamal vehicle – Mahindra Maxx Pick up Truck which came to be seized in connection with an offence registered on 8.3.2019 being II-CR No.31 of 2019 lodged before Godhra B Division Police Station, Dist.-Panchmahals for the offences punishable under Sections 6(a)(4)(3) and 8(2) of the Gujarat Animal Prevervation Amendment Act, 2017.
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 choses not to enter into that arena in the present matter and instead exercise the powers under Articles 226 and 227 of the Constitution – Authority concerned is directed to RELEASE the vehicle of the petitioner, being Mahindra Maxx Pick up Truck bearing registration on the terms and conditions that the petitioner.
Result: petition is ALLOWED.
ORDER :
1. The present petition has been filed under Articles 226 and 227 of the Constitution of India read with Section 451 of the Cr.P.C. for the purpose of seeking following reliefs :
“A. That this Hon’ble Court may be pleased to admit and allow this petition.
B. This Hon’ble Court may be pleased to call for the record and proceedings of the offence registered as II-CR No.31 of 2019 with Godhra-B Division Police Station, Dist.-Panchmahals and also the record from the Court of Ld. 3rd Additional Chief Judicial Magistrate, at Godhra, Panchmahals and Criminal Revision Application No.33 of 2019 from the court of Ld. 7th Additional District Judge, Panchmahals at Godhra, along with the order passed thereon, and after persuing the same, be pleased to quash and set aside the impugned judgment and order dated 17.12.2019 and 24.1.2020 respectively and further be pleased to release interim custody of muddamal vehicle bearing registration No.GJ-02-X-2441, in favour of the petitioner, upon such appropriate terms and conditions as are deemed fit proper in the interest of justice.
C. This Hon’ble Court may be pleased to order that pending admission and/or final disposal of this petition, the muddamal vehicle bearing registration No.GJ-02-X-2441 may be released in favour of the petitioner upon such terms and conditions as are deemed fit proper in the interest of justice.
D. This Hon’ble Court may be pleased to grant such other and further relief as may be deemed proper in the facts of the case.”
2. The case of the petitioner is that the petitioner is the registered owner of muddamal vehicle – Mahindra Maxx Pick up Truck which came to be seized in connection with an offence registered on 8.3.2019 being II-CR No.31 of 2019 lodged before Godhra B Division Police Station, Dist.-Panchmahals for the offences punishable under Sections 6(a)(4)(3) and 8(2) of the Gujarat Animal Prevervation Amendment Act, 2017.
3. For the purpose of release of vehicle in favour of the petitioner by way of interim custody, an application was submitted before the 3rd Additional Chief Judicial Magistrate, Godhra which came to be rejected on 17.12.2019. Feeling aggrieved by the said decision, the petitioner preferred Criminal Revision Application No.33 of 2019 which too came to be rejected vide order dated 24.1.2020 by the learned 7th Additional District Judge, Panchmahals at Godhara. It is against this orders passed by the courts below, by invoking extraordinary jurisdiction of this Court, a request is made to release the vehicle in question.
4. Mr.S.S.Saiyed, learned advocate appearing on behalf of the petitioner, has submitted that the petitioner is the registered owner of the vehicle in question and is doing the business of transpiration in his goods carriage and when the alleged offence is said to have been committed, he was not present in the State of Gujarat and was at mercy of his man, who might have committed an offence, for which there is no specific knowledge with the petitioner. It has also been submitted that if the vehicle in question is not released, it would remain idle without any income and the condition would also be deteriorated and as such, a request ought to have been considered for release by way of interim measure, upon suitable terms and conditions, upon which the petitioner is ready and willing to abide by. It has further been contended that whatever objectionable muddamal said to have been contained in the vehicle in question, the same has already been recovered by the Investigating Agency and as such, there is no purpose of continuing seizure of vehicle in any form, more particularly when he is ready and willing to maintain the condition and as and when required, he would oblige to present himself before the Court and as such, keeping in view the several decisions delivered by the Apex Court as well as by the Coordinate Benches of this Court, a request is made to release the vehicle even by exercising extraordinary jurisdiction of this Court. To str
