BHUPTABHAI NATHABHAI JADAV 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- Tractor Trolley bearing RTO Registration No. GJ- 32-T-2515 in connection with the FIR being CR. No. 11186006210448 of 2021 registered with Sutrapada Police Station, District- Gir-Somnath, for the offence punishable under Ss. 379 and 114 of the Indian Penal Code, Ss. 21 and 4(1) of the Mines and Minerals (Regulation and Development) Act and under Rules 3 and 21 of Gujarat Mineral (Prevention of Illegal Mining Storage and Transportation) Rules, 2017.

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

(3.) The facts nutshell of the case are that the petitioner moved muddamal Application before the learned Chief Judicial Magistrate, Sutrapada for the release of the said vehicle. The learned Chief Judicial Magistrate was pleased to reject the said application. Being aggrieved and dissatisfied by the same, the Petitioner preferred revision application before the Sessions Court, which also came to be rejected.