VALJIBHAI JADAVBHAI OLAKIYA 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 bearing RTO Registration No. GJ-18-H-5963 in connection with the FIR being C.R.No. 11193008210254 /2021 registered with Babra Police Station, District- Amreli for the offence punishable under Sec. 379 of the Indian Penal Code and Ss. 4(1) A of the Mines Minerals (Regulation and Development) Act , and Ss. 3 , 21 and 21 of the Mines and Minerals (Prevention of Illegal Mining Storage and Transportation) Rules, 2017 .

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

(3.) The petitioner moved one muddamal Application No. 72/2021 before the learned Principal Civil Judge and Judicial Magistrate First Class, Babra, for the release of the said vehicle, which came to be rejected vide order dtd. 21/9/2021. Therefore, being aggrieved by the same, the Petitioner approached the Sessions Court by filing Criminal Revision Application No. 53/2021, wherein, the Sessions Court by quashing and setting aside the order passed by the trial Court, partly allowed the revision application qua release of the tractor by imposing condition to provide 1.5 times unconstitutional nationalized bank guarantee of the value of the vehicle. Being aggrieved and dissatisfied by the condition of giving 1.5 times unconditional nationalized bank guarantee of the value of the vehicle within 15 days. However, the Sessions Court has rejected the application qua release of the trolley in question. Hence, this petition.