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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
VAGHABHAI BHOJABHAI KHATANA – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. fir registered for illegal mining (Para 1 , 2 , 3) |
| 2. petitioner's claim of illegal seizure (Para 4) |
| 3. state's opposition to vehicle release (Para 5) |
| 4. consideration of arguments (Para 6) |
| 5. police authority to seize vehicles (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 6. petition dismissed (Para 17) |
ORAL ORDER
RULE returnable forthwith. With the consent of learned advocates for the parties, present petition are taken up for final hearing today.
[1.0] By way of present petition under Articles 14, 19, 21, 226 and 227 of the Constitution of India read with Section 451 of the Code of Criminal Procedure, 1973 (for short “CrPC”), the petitioner – transporter is seeking quashing of order dated 29.12.2023 passed by the learned 2nd Additional Sessions Judge, Surendranagar in muddamal application being Criminal Misc. Application No.692 of 2023 filed under Section 451 of the CrPC and further to release the muddamal vehicle.
[2.0] That, an FIR being CR No.11211045230331 of 2023 came to be registered with Sayla Police Station, District Surendranagar for the offences punishable under Sections 379 and 114 of the Indian Penal Code, 1860 (for short “ IPC ”); Section 21 of t
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