BHALABHAI NANAJIBHAI SHIYAL 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 vehicle- Trolley (which was seized along with Tractor bearing RTO Registration No. GJ-35-B-2782) in connection with the FIR being CR. No. 11193008210364/2021 registered with Babara Police Station, District- Amreli for the offence punishable under Ss. 379 , 511 and 114 of Indian Penal Code, 1860 and Sec. 21 of the Mines and Minerals (Regulation and Development) Act .

(2.) Heard learned learned advocates for the parties.

(3.) The facts nutshell of the case are that the petitioner moved one muddamal application before the learned Magistrate, Amreli for the release of the said vehicles- tractor and trolley, which came to be rejected on 2/6/2021. The said order was challenged by the Petitioner before the Sessions Court, Amreli, wherein, the Sessions Court was pleased to partly allow the revision application by releasing the tractor upon certain terms and conditions including the condition of providing 1.5 times unconstitutional nationalized bank guarantee of the value of the vehicle, but the said revision application came to be rejected qua the release of trolley. Being aggrieved and dissatisfied by the non release of the trolley, present petition is filed.