HARESHBHAI BHAISHANKARBHAI BARAIYA Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) By way of this petition, the petitioner has sought invocation of the extra-ordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Article 227 of the Constitution of India so also the inherent powers of this Court under Sec. 482 of the Code of Criminal Procedure, 1973 with a prayer to release the muddamal - (i) 970 litres of Diesel (ii) Plastic tank and (iii) Pump on suitable terms and conditions, which has been seized in connection with Station Diary Entry No.9 of 2022 dtd. 27/7/2022 registered with Alang Marine Police Station, Bhavnagar u/s. 41(1)(d) and 102 of Cr.P.C.

(3.) Learned advocate for the petitioner submitted that the petitioner is the owner of the muddamal in question and that it has been confiscated in connection with the impugned entry made in the Station Diary of the concerned Police Station. He submitted that if the custody of the muddamal is not handed over to the petitioner, serious prejudice would be caused to him as the muddamal would get damaged substantially and by passage of time, its value may also become 'Nil'. It was, accordingly, urged that this Court may direct release of the muddamal in exercise of the extra-ordinary jurisdiction under Article 226 of the Constitution of India on suitable terms and conditions.