JIKANI KASAMBHAI MAHMADBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP waives service of Rule on behalf of the respondent-State.

(2.) By way of the present petition under Article 226 of the Constitution of India, the petitioner has prayed to release / handover the possession of the muddamal being Iron Plates to the petitioner in connection with FIR being C.R.No.11186004210053 OF 2021 registered with Prabhas Patan Police Station, District Gir Somnath.

(3.) Learned advocate for the petitioner submitted that it is undisputed fact that the petitioner is the owner of the plates used in construction work. It is submitted that the muddamal is seized and kept in open to sky condition since 12/2/2021. It is submitted that the Muddamal of the petitioner is never involved in any other offence and can quickly decay. It is submitted that the Muddamal will be damaged in view of it lying idle in open to sky condition and if it continues to remain in same condition even during the forthcoming winter and monsoon season, it will be destroyed. It is submitted that so far as the involvement of the petitioner in the crime in question is concerned, the same will be decided at the end of trial. Thus, it is submitted that apart from the fact that whether the petitioner is guilty of offence or not, it will not come in way while releasing the Muddamal. It is submitted that if the Court waits until the completion of trial, which is likely to take 3-5 years, the muddamal will be damaged to great extent and the same would not be in a usable condition.