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NEUTRAL CITATION

R/CR.RA/2509/2025 ORDER DATED: 27/03/2026

0.24672743637970762

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL REVISION APPLICATION (FOR MUDDAMAL) NO. 2509 of

2025

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PANKAJBHAI @ PRAKASHBHAI AMRUTBHAI PANDYA Versus

STATE OF GUJARAT ================================================================

Appearance:

MR RAXIT DHOLAKIA with MR ANAND V THAKKAR(7091) for the Applicant(s) No. 1

MR BHARGAV PANDYA, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1

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CORAM:HONOURABLE MS. JUSTICE GITA GOPI

Date : 27/03/2026

ORDER

1. This application is filed under Section 442 of the

Bharatiya Nyaya Suraksha Sanhita, 2023 challenging the order dated 20.11.2025 passed by the learned Additional Sessions Judge, Banaskantha at Palanpur in Criminal

Miscellaneous Application No.748 of 2025.

2. Learned advocate for the applicant Mr. Raxit Dholakia

submitted that the muddamal – Excavator Machine, make of Tata Hitachi Company, Model No.ZX140H-GI, Serial No.THEPHJL0A00003164 of the ownership of the present

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NEUTRAL CITATION

R/CR.RA/2509/2025 ORDER DATED: 27/03/2026

0.24672743637970762

applicant was given on rent to Hitesh Veljibhai Thakore. A complaint has been registered under Sections 4(1), 21(1) and 22 of the Mines and Minerals (Development

and Regulation) Act, 1957.

3. Learned advocate Mr. Raxit Dholakia has referred to the

order dated 11.02.2025 of the Geologist, Palanpur, District Banaskantha where a specific order was to the effect of payment of money within 30 days of the order and the value for the machine was counted as Rs.2,00,000/-. The applicant had shown his willingness to deposit the money and therefore, by an order dated 18.03.2026, the applicant was permitted to deposit the money to the concerned authority, who accepted the amount of Rs.2,00,000/- and issued a receipt thereof. A copy of the said receipt is produced on record by learned advocate Mr. Raxit Dholakia, which is in compliance of the order of this Court dated 18.03.2026 for deposit of

money. Page 2 of 4

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NEUTRAL CITATION

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4. Learned APP submitted that though the amount has been

deposited as stated above, it cannot be considered that the applicant had no knowledge of any illegal activity of the co-accused since the vehicle was given for a specific purpose of excavating mines and minerals. Thus, it is submitted that releasing the muddamal at the interim stage would rather encourage illegal activities of such

persons and therefore, urged to reject this application.

5. Having heard the submissions canvassed and on

perusing the records of the case and when the applicant deposited the above amount and when the vehicle was given on rent to Hitesh Veljibhai Thakor, the applicant had no knowledge of any illegal activity being carried out

under the Mines and Minerals Act by the co-accused.

6. In view of the above, the Excavator Machine, make of

Tata Hitachi Company, Model No.ZX140H-GI, Serial No.THEPHJL0A00003164 is ordered to be released to the

applicant, with the following conditions :-

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NEUTRAL CITATION

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(i) To produce the subject machine, as and when called for during the trial and if the case is not compounded

against the co-accused.

(ii) The applicant shall not sell the muddamal without the prior of the concerned Court, if the matter stands for trial.

7. The concerned authority to release the muddamal by

drawing a panchnama in favour of the applicant.

8. With the aforesaid observation