GHANKA KHUMANSING MANSING vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/14881/2026 JUDGMENT DATED: 05/11/2026
(GJHC240757102026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 14881 of 2026

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
================================================================
GHANKA KHUMANSING MANSING
Versus
STATE OF GUJARAT
===============================================================
Appearance:
MR RAJA RAM BAJPAI(7188) for the Applicant(s) No. 1
MR. SOAHAM JOSHI, APP, for the Respondent(s) No. 1
===============================================================
CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 05/11/2026
JUDGMENT
1. The petitioner has preferred this petition, seeking to invoke
extraordinary jurisdiction of this Court under Articles 14, 21, 226
and supervisory jurisdiction under Article 227 of the Constitution of
India so also inherent powers of this Court under Section 528 of the
Bhartiya Nagarik Suraksha Sanhita, 2023 with a prayer to release
Muddamal Vehicle being i.e Truck bearing RTO registration
No.GJ-02-Y-7080 . The said vehicle was seized in connection with FIR
being C.R. No.I-11184008260404 of 2026 registered with Rangpur
Police Station, Chhoda Udepur for the offence punishable under
Sections 221, 132, 351(3), 352 and 54 of the Bhartiya Nagarik
Suraksha Sanhita, 2023 and Section 135 of the Gujarat Police Act.
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R/SCR.A/14881/2026 JUDGMENT DATED: 05/11/2026
(GJHC240757102026)
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 illegal stones and when police authorities
intercepted the same, on carrying out the search of the said vehicle,
its driver was found carrying illegal stones without any pass or
permit.
3. Heard learned counsel 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, 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.
7. It would be worthwhile to refer profitably at this stage to the
observations made by the Apex Court in Sunderbhai Ambalal
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R/SCR.A/14881/2026 JUDGMENT DATED: 05/11/2026
(GJHC240757102026)
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 Truck bearing RTO
registration No.GJ-02-Y-7080 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
Trial Court.
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R/SCR.A/14881/2026 JUDGMENT DATED: 05/11/2026
(GJHC240757102026)
(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
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