MOHSINBHAI AIYUBBHAI JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Section 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 Truck bearing RTO registration No.GJ-?06-?AV-?8833.

(2.) It is the case of the petitioner that he is the owner of the aforesaid muddamal vehicle. He had preferred an application for releasing the muddamal vehicle, which came to be rejected by the learned Judicial Magistrate First Class, Jambughoda vide order dated 14.10.2019. Therefore, he also had preferred revision, which too came to be rejected by the learned 7th Additional District Judge, Panchmahal, vide order dated 11.12.2019 in Criminal Revision Application No.53 of 2019.

(3.) The alleged vehicle registration No.GJ-?16-?D-?0418 was seized for the offence punishable under Sections 332 , 379 , 143 , 147 , 148 and 149 of the Indian Penal Code and under Rule 3, 21 and 22 of the Gujarat (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 for illegally mining 20-?20 ton sand in five trucks, 80 ton-? total of Rs.4,00,000/-?. Therefore, an FIR being I-?C.R. No.20 of 2019 came to be lodged with Jambughoda Police Station, Dist-?Panchmahal under Sections 332 , 379 , 143 , 147 , 148 and 149 of the Indian Penal Code.