SHANTIBHAI RUKHADBHAI CHAUHAN vs ROYALTY INSPECTOR GEOLOGY AND MINING DEPT.

Court
Gujarat High Court

R/SCR.A/14327/2026 JUDGMENT DATED: 03/11/2026
(GJHC240746092026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 14327 of 2026

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
================================================================

Approved for Reporting Yes No
================================================================
SHANTIBHAI RUKHADBHAI CHAUHAN
Versus
ROYALTY INSPECTOR GEOLOGY AND MINING DEPT. & ANR.
===============================================================
Appearance:
MR V A ZALA(11441) for the Applicant(s) No. 1
MS. JIRGA JHAVERI, APP, for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 1
===============================================================
CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 03/11/2026
JUDGMENT
1. 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 482 of the
Code of Criminal Procedure, 1973 with a prayer to release
Muddamal Vehicle being i.e JCB bearing RTO registration No.GJ-
04-CF-1208 . The said vehicle was seized by respondent No.1-
Royalty Inspector for the offences under the provisions of Mines
and Minerals (Development and Regulation) Act, 1957 and Gujarat
Mineral (Prevention of Illegal Mining, Transportation and Storage),
Rules 2017.
Page 1 of 4
Uploaded by SIDDHARTH(HC01065) on Thu Nov 05 2026 Downloaded on : Thu Nov 05 20:04:29 IST 2026

R/SCR.A/14327/2026 JUDGMENT DATED: 03/11/2026
(GJHC240746092026)
2. 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.
3. Heard learned advocate for the petitioner and learned APP for
the respondent.
4. 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.
5. 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.
6. 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.
Page 2 of 4
Uploaded by SIDDHARTH(HC01065) on Thu Nov 05 2026 Downloaded on : Thu Nov 05 20:04:29 IST 2026

R/SCR.A/14327/2026 JUDGMENT DATED: 03/11/2026
(GJHC240746092026)
7. 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."
8. Resultantly, this petition is allowed.
9. The learned Trial Court / authority concerned is directed to
release the vehicle of the petitioner being being i.e JCB bearing
RTO registration No.GJ-04-CF-1208 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.
Page 3 of 4
Uploaded by SIDDHARTH(HC01065) on Thu Nov 05 2026 Downloaded on : Thu Nov 05 20:04:29 IST 2026

R/SCR.A/14327/2026 JUDGMENT DATED: 03/11/2026
(GJHC240746092026)
(iii) shall produce the vehicle as and when directed by the learned
Trial Court.
(iv) in the event of any subsequent offence, the vehicle shall stand
confiscated.
10. 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.
11. 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
12. Rule is made absolute, accordingly. Direct service is permitted
(MOOL CHAND TYAGI, J)
SIDDHARTH
Page 4 of 4
Uploaded by SIDDHARTH(HC01065) on Thu Nov 05 2026 Downloaded on : Thu Nov 05 20:04:29 IST 2026