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2025 Supreme(Online)(Guj) 7645

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D. SUTHAR, J
RAJNISHKUMAR GULSHANKUMAR AMARNATH BABBAR – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MS RIYAH Z SINDHI
For the Respondents: MS SHRUTI PATHAK, APP

ORAL ORDER

RULE. Learned APP waives notice of rule for and on behalf of the respondents.

[1.0] 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 497 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short “ BNSS ”) with a prayer to release Muddamal Vehicle i.e Hyundai Santro 1.1 MT Corporate Car bearing RTO registration No.HP-668442, which was seized in connection with the FIR No.11195003240889 of 2024 , registered with Amirgadh Police Station, District Banaskantha for the offence punishable under Sections 8(C), 20(b)(ii) and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Act”).

[2.0] Learned Advocate for the petitioner has urged that this Court has wide powers under Article 226 of the Constitution.

[3.0] Learned APP has opposed the present petition on the ground that the impugned vehicle was used in commission of the offence of NDPS Act and subsequently was seized. Therefore, the impugned vehicle is not required to be released and the same is required to be

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