TITLE Dabhi Kanchansinh Shivsinh Versus State of Gujarat
Decided On September 1, 2023
10985 of 2023
CORAM: Hon’ble Justice Mr Samir J. Dave
INTRODUCTION- The petitioner filed this petition in an effort to exercise the court’s inherent powers under Section 482 of the Criminal Procedure Code, 1973, as well as its supervisory and extraordinary jurisdictions under Articles 226 and 227 of the Indian Constitution. The petitioner is requesting the release of the Muddamal Vehicle.
FACTS OF THE CASE
The prosecution’s case is that while the police officers were on patrol, they secretly learned that the vehicle in question was carrying alcohol. When the police stopped it and searched the vehicle, they discovered that the driver was carrying alcohol without a pass or permit. Consequently, a FIR has been filed for the offence covered by the Prohibition Act. The petitioner’s learned attorney has argued that this Court has extensive authority to act in accordance with Article 226 of the Constitution. Relied on landmark case stated by ,The Apex Court bemoaned the situation of many vehicles being left unattended and turning into junk on the grounds of the police station. It can also take into account the ratio set forth in the case.
COURT ANALYSIS AND DECISION
No matter the circumstance, it serves no purpose to keep such seized vehicles at the police stations for an extended period of time. The Magistrate must issue the necessary orders right away by obtaining the proper bond, guarantee, and security for the return of the aforementioned vehicles, if necessary at any time. This is possible while applications for the return of such vehicles are heard.
As a result, this petition is granted. The petitioner’s vehicle must be released by the concerned authority under the following terms and conditions: Before giving the petitioner possession of the vehicle, the appropriate photos must be taken, and if one hasn’t already been created, a thorough panchnama must be created for the purpose of the trial.
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Written by- Steffi Desousa
