GAMARA GOVINDBHAI ARJANBHAI vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/11513/2026 JUDGMENT DATED: 30/10/2026
(GJHC240486172026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF
MUDDAMAL) NO. 11513 of 2026

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE J. C. DOSHI Sd/-

=====================================================
Approved for Reporting Yes No
No
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GAMARA GOVINDBHAI ARJANBHAI
Versus
STATE OF GUJARAT & ANR.
=====================================================
Appearance:
MR JAY N SHAH(10668) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
=====================================================
CORAM: HONOURABLE MR. JUSTICE J. C. DOSHI

Date : 30/10/2026
JUDGMENT
1. The petitioner has preferred this petition, seeking to invoke
extraordinary jurisdiction of this Court under Article 226 of the
Constitution of India so also inherent powers of this Court under
Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023
with a prayer to release Muddamal Vehicle i.e Eicher Tractor,
Eicher 333 bearing RTO registration No. GJ-04-EE-8031.
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R/SCR.A/11513/2026 JUDGMENT DATED: 30/10/2026
(GJHC240486172026)
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. Therefore, a Criminal Case No.782
of 2026 came to be registered before the Chief Judicial
Magistrate Court at Rajpipla, Narmada under the Mines and
Minerals Act.
3. Heard learned advocate for the petitioner and learned APP
for the respondent – State.
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.
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R/SCR.A/11513/2026 JUDGMENT DATED: 30/10/2026
(GJHC240486172026)
6. The coordinate bench of this Court in the case of Musa
Khan Jat Vs. State of Gujarat (SCR.A/7190/2017) , in an
identical case, 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 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 .
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R/SCR.A/11513/2026 JUDGMENT DATED: 30/10/2026
(GJHC240486172026)
9. The learned Trial Court / authority concerned is directed
to release the vehicle of the petitioner being Eicher Tractor,
Eicher 333 bearing RTO registration No. GJ-04-EE-8031 on the
terms and conditions that the petitioner:-
(i) shall furnish a solvent surety of the amount
equivalent to the amount of penalty.
(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.
(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.
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R/SCR.A/11513/2026 JUDGMENT DATED: 30/10/2026
(GJHC240486172026)
12. Rule is made absolute, accordingly. Direct service is
permitted.
Sd/-
(J.C. DOSHI, J.)
Raj
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