IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)

NO. 1805 of 2026 ==========================================================

VINODKUMAR RAGHUVEER SINGH- OWNER OF MALIK TRANSPORT COMPANY PRIVATE LTD Versus STATE OF GUJARAT & ANR.

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Appearance:

MR JASPALSINH R JADEJA(11226) for the Applicant(s) No. 1 MR ROHAN SHAH, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 09/02/2026

ORAL ORDER

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

2. 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 with a prayer to release Muddamal Goods namely Soda Ash amounting to Rs. 6,37,519/-.

3. Therefore, an FIR being CR. NO. 11213096250547 of 2025 for the offence punishable under the Prohibition Act came to be registered before the Jetpur Udyognagar Police Station, Rajkot Gramya.

respondent.

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 unattended and becoming junk within the police station premises.

6. Learned APP for the respondents has objected the submissions made by learned advocate for the petitioner and urged that, of course, powers of this Court under Article 226 of the Constitution to order release of the muddamal goods can be exercised at any time, whenever the Court deems it appropriate.

7. The coordinate bench of this Court in the case of Musa Khan Jat Vs. State of Gujarat (SCR.A/7190/2017), in an identical case, released the muddamal goods by exercising the power under Articles 226 and

227 of the Constitution of India.

9. Resultantly, this petition is allowed. The order dated 19.01.2026 passed by the Learned Judicial Magistrate First Class, Jetpur, in Muddamal Application No. 09 of 2026 are hereby quashed and set aside. The authority concerned is directed to release the muddamal goods of the petitioner, being Soda Ash on the terms and conditions that the petitioner:

(i) shall furnish a solvent surety of the amount equivalent to the value of the muddamal goods in question as per the value disclosed in the seizure memo or panchnama.

(ii) shall file an undertaking before the trial Court that prior to alienation or transfer in any mode or manner, prior permission of the concerned Court shall be taken till conclusion of the trial;

(iii) shall also file an undertaking to produce the muddamal goods as and when directed by the trial Court;

(iv) in the event of any subsequent offence, the muddamal goods shall stand Confiscated.

10. Before handing over the possession of the muddamal goods to the petitioner, necessary photographs shall be taken and a detailed panchnama in that regard, if not already drawn, shall also be drawn for the purpose of trial.

11. Rule is made absolute, accordingly. Direct service is permitted.

(M. R. MENGDEY,J)

SAKSHI MAURYA