NARSHI VALA JATIYA 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 Article 227 of the Constitution of India for the release of the muddamal vehicle i.e. John Deere Loader (Green) 5310 bearing Registration No.GJ-12-CM-7888.

(2.) It is the case of the petitioner that on registration of the FIR being C.R. No.I-67 of 2018 registered with Padhar Police Station, for the offences under Sections 379 and 114 of the Indian Penal Code and Sections 4(1), 4(1)(A) and 21 of the Mines and Mineral (Development and Regulation) Act, 1957 and Rules 3, 21 and 22 of the Gujarat Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, the vehicle of the petitioner has been seized as muddamal in connection with the aforesaid offence.

(3.) Learned advocate for the petitioner has urged that this Court has wide powers, while exercising such 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, 2003 AIR(SC) 638', wherein, the Apex Court lamented the scenario of number of vehicles having been kept unattended and becoming junk within the police station premises.