GOMTIBEN AMRUTLAL PATEL vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/14350/2026 JUDGMENT DATED: 04/11/2026
(GJHC240749302026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 14350 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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GOMTIBEN AMRUTLAL PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
NANAVATI & CO.(7105) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
RULE NOT RECD BACK for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 04/11/2026

JUDGMENT
1. Rule. Learned APP waives notice of rule for and on behalf of
the respondent.
2. The captioned petition is filed under Article 226 read with
Articles 14 and 21 of the Constitution of India and Section 497 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for seeking the following
reliefs, as set out in para 6 hereinbelow:-
“(a) To issue a writ of mandamus or writ, order or direction in
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R/SCR.A/14350/2026 JUDGMENT DATED: 04/11/2026
(GJHC240749302026)
the nature of writ of mandamus quashing and setting aside the
order dated 10.07.2026 made by the District Collector,
Gandhinagar confiscating the goods owned by and belonging to
the petitioner under provisions of the Essential Commodities
Act, 1955 and further order release of the property, being oil
products worth Rs. 11,08,000/-, seized on 20.03.2026 subject to
conditions as may be deemed necessary by the Hon'ble Court;
(b) To pass an ex parte ad interim order directing release of
the property of the petitioner, being oil products worth Rs.
11,08,000/-, seized on 20.03.2026 pending the hearing and
disposal of the present petition;
(c) To pass any other order in favor of the petitioner as this
Hon'ble Court deem fit in order to further the ends of justice.”
3. Heard learned advocate for the petitioner and learned APP for
the respondent.
4. Learned advocate for the petitioner submitted that the
petitioner is the authorized dealer of the products marketed under
the brand name of Gulf Oil and Mak Oil and has been carrying on
the trading business under the name and style of M/s. Autohouse
India Private Limited since 1991. It is submitted that on 19.03.2026,
the incident of fire took place at the office and godown of the
petitioner, which was the licenced place for storage of oil barrels
and other explosive products and the estimated value of the goods
lying stored at the place was about Rs.1,74,80,000/-. He submitted
that the Muddamal Articles were in the transit at that time,
therefore, owing to the incident of fire, the petitioner was compelled
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R/SCR.A/14350/2026 JUDGMENT DATED: 04/11/2026
(GJHC240749302026)
to temporarily store the said Muddamal Articles worth
Rs.11,08,000/- at a residential accommodation. The said Muddamal
Articles were seized on 20.03.2026 and thereafter, the petitioner
preferred the application for release of the Muddamal Articles. The
rd
said application came to be rejected by the learned 3 Additional
Sessions Judge, Kalol, Dist. Gandhinagar vide order dated
27.08.2026. Learned advocate for the petitioner further submitted
that the learned Sessions Judge ought to have allowed the
application of the petitioner as the petitioner is the authorized
dealer of Gulf Oil and Mak Oil. Therefore, he prayed that the
Muddamal Articles may be released in favour of the petitioner on
necessary terms and conditions.
5. Per contra, learned APP vehemently submitted that the
inflammable goods i.e. Muddamal Articles were illegally stored in a
residential accommodation. She further submitted that since the
Muddamal Articles are highly inflammable in nature and the
Collector has already initiated confiscation proceedings, the present
petition deserves to be dismissed.
6. In rebuttal, learned counsel appearing on behalf of the petitioner
submitted that the order of confiscation has been challenged by way
of filing the appeal before the learned Sessions Court, which is
pending for adjudication.
7. Having considered the submissions of the learned counsel for
the parties and having gone through the record, it is not in dispute
that the petitioner is the authorized dealer of Gulf Oil and Mak Oil
and has been carrying on the trading business under the name and
style of M/s. Autohouse India Private Limited since 1991. It is also
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R/SCR.A/14350/2026 JUDGMENT DATED: 04/11/2026
(GJHC240749302026)
not in dispute that a fire broke out at the storage premises of the
petitioner on 19.03.2026. It is the say of the petitioner that owing to
the incident of the fire, the Muddamal Articles which were under
transit were compelled to be shifted to a residential area to prevent
any further fire hazards.
8. Considering the overall facts and circumstances of the present
case as well as the rival submissions canvassed by the learned
counsels for the parties, I am of the considered view that the
present petition deserves to be allowed and is accordingly allowed
on the following condition that the petitioner:
(i) shall furnish a solvent surety and personal bond to the tune of 1.5
times of the value of the goods.
9. Before release of the Muddamal Articles, concerned authority
shall collect the sample(s) and take photographs of the Muddamal
Articles 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 case papers for the purpose of
trial/other proceedings.
10. Rule is made absolute, accordingly. Direct service is permitted.
(MOOL CHAND TYAGI, J)
Harshit
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