Hasmukh D. Suthar, J
RULE. Learned APP waives notice of rule for and on behalf of the respondents.
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 482 of the Code of Criminal Procedure, 1973 with a
prayer to release Muddamal Vehicle i.e Bajaj Auto three wheeler bearing RTO registration No.GJ-01-TA-6197.
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 liquor and when police authorities intercepted the same, on carrying out the search of the said vehicle, its driver was found carrying liquor
without any pass or permit. Therefore, an FIR being C.R. No.11209003240001 of 2024 registered with Kheroj Police Station, District : Sabarkantha
for the offence punishable under the Prohibition Act.
3. Heard learned advocate for the petitioner and learned APP for the respondents.
4. Learned Advocate for the petitioner has urged that this Court has wide 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 Hon’ble Apex Court
lamented the scenario of number of vehicles having been kept unattended and becoming junk within the police station premises.
4.1. It is submitted that vehicle is hypothecated to the Radhani Auto Finance. No Objection Certificate is produced by the learned advocate for the
petitioner, wherein, stating that Finance Company has no objection, if the vehicle is released in favour of the registered owner. In view of above, the
present petition deserves consideration.
5. Learned APP for the respondents has objected the submissions made by learned advocate for the petitioner and urged that of course, 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
but this is not a fit case to exercise the jurisdiction and hence, requested to dismiss the petition.
6. It would be worthwhile to refer profitably at this stage to the observations made by the Hon’ble Apex Court in the case of 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.
7. Resultantly, this petition is allowed.
8. The learned Trial Court / authority concerned is directed to release the vehicle of the petitioner being Bajaj Auto three wheeler bearing RTO
registration No.GJ-01-TA-6197, on the terms and conditions that the petitioner:
(i) shall furnish a solvent surety of the amount equivalent to the price of the vehicle in question stated in the FIR / panchnama.
(ii) shall file undertaking before the learned Trial Court that he shall not transfer / change the identity, color etc. of 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.
9. Before release of the vehicle, concerned police authority shall take photographs / identity 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.
10. 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.
11. Rule is made absolute accordingly. Direct service is permitted.