RAYJIBHAI LAXMANBHAI PARMAR 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 Sec. 482 of the Code of Criminal Procedure to release the muddamal vehicles (1) Hyundai Hydraulic Excavator R220LC-7- MAGIQ (2) JS205 Tracked Excelator 0.9 Cum HD BKT and (3) JCB205 LC Track 0.9 Cum HD BKT in connection with the FIR being CR. No. 11207078200394 of 2020 registered with Kankanpur Police Station, District- Panchmahal for the offences punishable under Ss. 379 , 114 and 120(B) of the Indian Penal Code and under Ss. 3, 21 and 22(a) of the Gujarat Minerals (Prevention of Illegal Mining Storage and Transportation) Rules, 2017 and under Ss. 4(1)A, 21(1), 21(4) and 21(4A) of the Mines and Minerals (Regulation and Development) Act , 1957.

(2.) Heard learned advocate Mr. Niral R. Mehta for the petitioner and Ms. Jirga Jhaveri learned APP for the respondent State.

(3.) The petitioner has prayed for following main reliefs, which are as under: "(B) Be pleased to issue a Writ of Certiorari and/or a Writ in the nature of Certiorari by quashing and setting aside the order dtd. 05/10/2020 passed by the Ld. 3rd Addl. Chief Judicial Magistrate, Godhra as well as order dtd. 01/12/2020 passed in Criminal Revision 402020 passed by the Ld. 4th Addl. Sessions Judge, Panchmahals at Godhara by further directing the concerned authorities to release the following vehicles: <IMG>JUDGEMENT_209_LAWS(GJH)9_2021_1.jpg</IMG>