JALADIYA GOVINDBHAI HAMIRBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives Rule for the Respondent State. 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 for the release of the muddamal vehicles i.e. Holland Tractor bearing Registration No.GJ-11-AD-7575 along with trolley bearing No.GJ-11-TT-3711.

(2.) It is the case of the petitioner that on registration of the FIR being C.R. No. 11203038210389 of 2021 registered with Manavadar Police Station, Junagadh, for the offences under Ss. 379 and 114 of the Indian Penal Code and Ss. 4(1) and 4(1)(A) of the Mines and Mineral (Development and Regulation) Act , 1957 and Sec. 3 and 21 of the Gujarat Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, the vehicles of the petitioner have been seized as muddamal in connection with the aforesaid offence.

(3.) 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 ', reported in 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.