KAUSHIKBHAI MADHUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke inherent jurisdiction vested under Articles 226 and 227 of the Constitution of India and read with Section 482 of the Code of Criminal Procedure to release the muddamal vehicle-Truck bearing RTO Registration No. GJ-21-V-2313 in connection with the FIR being CR. No. I- 78 of 2018 registered with Songadh Police Station District- Tapi for the offences punishable under Sections 379, 120(B) of the Indian Penal Code and Sections 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 and Rule 21(2) of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules 2017.

(2.) Heard learned advocate Mr. Jay N. Shah for the petitioner and Ms. Moxa Thakkar, learned APP for the respondent State through video conference.

(3.) The petitioner has prayed for following reliefs, which are as under: "a. Your Lordships may be pleased quash and set aside the order dated 01.01.2019 passed by Chief Judicial Magistrate, Songadh, in an application made under Section 451 being Criminal Misc. Application No. 91 of 2018 and delete and modify the condition of furnishing unconditional bank guarantee to the tune of 1.5 times the value of the Truck in the order dated 16.03.2020 passed by the learned (Ad.hoc) Additional District Judge, Tapi, at Vyara in Criminal Revision Application No. 18 of 2019 at ANNEXURE-A;