DASHARIYA VIRSINH BAMANIYAversusSTATE OF GUJARAT

     R/SCR.A/4434/2026                                  ORDER DATED: 06/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
                      NO. 4434 of 2026

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                         DASHARIYA VIRSINH BAMANIYA
                                   Versus
                          STATE OF GUJARAT & ANR.
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR. K M ANTANI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                               Date : 06/04/2026

                                ORAL ORDER


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 497 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to
release Muddamal Vehicle i.e TVS Motors bearing Registration
No.MP-69-ME-2912            detained    in       connection   with     the        FIR
No.11821024260267 of 2026 registered with Garbada Police
Station, Dahod for the offences punishable under provisions of
the Gujarat Prohibition Act.

2.     Rule. Learned APP waives notice of rule for and on behalf
of the respondent.

3.     The case of the prosecution is that while the police
personnel were on patrolling, they received a secret information


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     R/SCR.A/4434/2026                                   ORDER DATED: 06/04/2026




of the vehicle in question carrying muddamal and when police
authorities intercepted the same, on carrying out the search of
the said vehicle, its driver was found carrying muddamal without
any pass or permit. Therefore, an FIR as aforesaid came to be
registered for the offence punishable under the Prohibition Act.

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
Prohibition 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 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.




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8.      It would be worthwhile to refer profitably at this stage to
the observations made by the Apex Court in 'SUNDERBHAI
AMBALAL DESAI VS. STATE OF GUJARAT' (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 Muddamal Vehicle
i.e TVS Motors bearing Registration No.MP-69-ME-2912 detained
in connection with the FIR No.11821024260267 of 2026
registered with Garbada Police Station, Dahod on the terms and
conditions that the petitioner:

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       R/SCR.A/4434/2026                                                             ORDER DATED: 06/04/2026




          (i) shall furnish a solvent surety of the amount equivalent
          to the price of the vehicle in question stated in the FIR.
          (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.

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.

                                                                                          (M. R. MENGDEY,J)
NABILA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NABILABANU MOHAMADNOOR PATNIJAMAT(HC00630), Private Secretary, at High Court of Gujarat on 08/04/2026 12:35:13




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