MITESHKUMAR CHIMANBHAI GURJAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor waives service on behalf of the respondents. Both these petitions involve identical questions on law and facts and hence, they are decided by this common order.

(2.) By way of these petitions, the petitioner has prayed to quash and set aside the orders dated 11.12.2019 passed by the learned 7th Additional Sessions Judge, Panchmahals at Halol in Criminal Revision Applications No.51/2019 and 52/2019 and to issue appropriate directions for the release of the two Trucks bearing registration No. GJ-16-D-0418 and GJ-06-XX-8383.

(3.) The petitioner herein is the owner of the two Trucks bearing registration No. GJ-16-D-0418 and GJ-06-XX-8383 and is engaged in the business of transportation. On 31.08.2019 a complaint being C.R. No. I-20 of 2019 was lodged with Jambughoda Police Station inter alia alleging that the petitioner had committed offences punishable under sections 323 , 379 , 143 , 147 , 148 and 149 of IPC and rules 3, 21 and 22 of The Gujarat Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. In pursuance of the registration of the impugned complaint, both the Trucks were seized. The petitioner filed applications under section 451 of Cr.P.C. before the Magisterial Court at Jambughoda; however, the same were rejected. Against such orders, the petitioner preferred revision applications being Criminal Revision Applications No.51/2019 and 52/2019 before the revisional Court. However, the said revision applications also came to be rejected. Hence, these petitions.