PRATAPBHAI KHUSHALBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of notice of rule of rand on behalf of respondent State.

(2.) The present petition is filed under Article 226 of the Constitution of India for the purpose of seeking following reliefs :

(3.) The present applicant is the owner of vehicle in question bearing Registration No.GJ-15-YY-1484 which is seized as muddamal by the Investigating officer in connection with FIR being I-CR No.5 of 2019 dated 15.6.2019 lodged before Ukai Police Station, District - Tapi for the offence punishable under Sections 379, 186, 505, 114 and 21 of the IPC read with Section 21 of the Gujarat Mineral (Prevention of Illegal Mining the Transportation and Storage) Rules, 2017. For the purpose of release of the said muddamal, an application was submitted by the applicant before the learned JMFC, Songadh under Section 451 of the Cr.P.C. which came to be rejected. Being aggrieved, the applicant was constrained to approach before the District Court, Vyara by filing Criminal Revision Application No.65 of 2019. The learned (Ad-hoc) Additional District and Sessions Judge, Vyara-Tapi, by virtue of an order dated 15.10.2019, was pleased to release the muddamal vehicle on certain conditions. However, one of the conditions is that the applicant shall furnish unconditional bank guarantee to the tune of 1.5 times the value of the muddamal seized. The said condition being harsh and unreasonable, the applicant has approached this Court by way of present application.