BAKABHAI JAHABHAI BAMBHVA vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/12406/2026 JUDGMENT DATED: 06/11/2026
(GJHC240635482026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 12406 of 2026

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
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BAKABHAI JAHABHAI BAMBHVA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3
MS. JYOTI BHATT, APP,for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 06/11/2026
JUDGMENT
1. Rule. Learned APP waives notice of rule for and on behalf of
the respondent.
2. The petitioner has preferred this petition, seeking to invoke
extraordinary jurisdiction of this Court under Article 227 of the
Constitution of India with a prayer to release Muddamal Vehicle i.e
Truck bearing RTO registration No.GJ-10-TY-6100. The said vehicle
was seized by Royalty Inspector, Department of Geology and Mining,
Ahmedabad for the offences under the Gujarat Mineral (Prevention
of Illegal Mining, Transportation and Storage), Rules 2017 and Mines
and Minerals (Development and Regulation) Act, 1957.
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R/SCR.A/12406/2026 JUDGMENT DATED: 06/11/2026
(GJHC240635482026)
3. The case of the prosecution is that while the police personnel
were on patrolling, they received a secret information of the vehicle
in question carrying simple sand and when police authorities
intercepted the same, on carrying out the search of the said vehicle,
its driver was found carrying simple sand without any pass or
permit.
4. Heard learned advocate for the petitioner and learned APP for
the respondent.
5. Learned Advocate for the petitioner has urged that this Court
has 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 respondent has objected the submissions
made by learned advocate for the petitioner in view of the
provisions of confiscation of the vehicle contained in the Mines and
Minerals Act, however, did not dispute that powers of this Court
under Article 226 of the Constitution to order release of the vehicle
can be exercised at any time, whenever the Court deems it
appropriate.
7. The coordinate bench of this Court in the cases of Musa Khan
Jat Vs. State of Gujarat (SCR.A/7190/2017) and Jhala
Ghanshyamsingh Mobatsingh Vs. State of Gujarat, reported in
2018 (2) GLR 1516, released the vehicle by exercising the power
under Articles 226 and 227 of the Constitution of India.
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R/SCR.A/12406/2026 JUDGMENT DATED: 06/11/2026
(GJHC240635482026)
8. It would be worthwhile to refer profitably at this stage to the
observations made by the Apex Court in Sunderbhai Ambalal
Desai (supra), which read as under:-
"15. Learned senior counsel Mr. Dholakia, appearing for the
State of Gujarat further submitted that at present in the police
station premises, number of vehicles are kept unattended and
vehicles become junk day by day. It is his contention that
appropriate directions should be given to the Magistrates who
are dealing with such questions to hand over such vehicles to
its owner or to the person from whom the said vehicles are
seized by taking appropriate bond and the guarantee for the
return of the said vehicles if required by the Court at any point
of time.
16. However, the learned counsel appearing for the petitioners
submitted that this question of handing over vehicles to the
person from whom it is seized or to its true owner is always a
matter of litigation and a lot of arguments are advanced by
the concerned persons.
17. In our view, 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."
9. Resultantly, this petition is allowed.
10. The learned Trial Court / authority concerned is directed to
release the vehicle of the petitioner being Truck bearing RTO
registration No.GJ-10-TY-6100 on the terms and conditions that the
petitioner:
(i) shall furnish a solvent surety and personal bond to the tune of 1.5
times of the value of the vehicle.
(ii) shall file undertaking before the learned Trial Court that he shall
not transfer the vehicle till final disposal of the trial.
(iii) shall produce the vehicle as and when directed by the learned
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R/SCR.A/12406/2026 JUDGMENT DATED: 06/11/2026
(GJHC240635482026)
Trial Court.
(iv) in the event of any subsequent offence, the vehicle shall stand
confiscated.
11. Before release of the vehicle, concerned police authority shall
take photographs of the vehicle from all sides at the cost of the
petitioner and shall draw necessary panchanama to that effect. Said
panchanama and photographs shall be part of charge sheet papers
for the purpose of trial.
12. Copy of this order be send to concerned RTO, where the vehicle
is registered, for necessary entry in the Register and to take notice
that this Court has restrained transfer of vehicle till final disposal of
the trial. Such transfer shall be subject to any order that may be
passed by the learned Trial Court permitting transfer of vehicle
13. Rule is made absolute, accordingly. Direct service is permitted.
(MOOL CHAND TYAGI, J)
SIDDHARTH
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