NILESHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition 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 i.e. MAHINDRA & MAHINDRA BOLERO PICK UP bearing RTO Registration No.GJ08Z8947 in connection with the FIR being CR.No.11195010230237 registered with Palanpur West Police Station, District- Banaskantha for the offence punishable under Sec. 11(1)(d) , 11(1)(f) , 11(1)(h) of Prevention of Cruelty to Animal Act , 1960.

(2.) Heard learned advocates for the parties

(3.) Learned advocate for the petitioner has submitted that the muddamal vehicle has been detained by the investigating officer and that if the interim custody of the vehicle is not given, serious prejudice would be caused to the petitioner as the muddamal vehicle would get substantially damaged by the time trial gets concluded and probably by that time the value of the muddamal vehicle may also become 'Nil' as the vehicle is lying under the open sky in different climatic conditions. It was further submitted that this Court has ordered release of muddamal vehicles. It was accordingly urged that this Court may direct release of the muddamal vehicle in exercise of the extraordinary jurisdiction under Article 226 of the Constitution of India on suitable terms and conditions.