TUSHARBHAI JANESHWARBHAI FOPSE 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 Mobile Phone being VIVO Y-12 bearing IMEI No.861168047939650 on suitable terms and conditions, which has been seized in connection with the complaint registered as FIR No.11822003201133 registered with Vansda Police Station, Navsari under relevant provisions of the Prevention of Cruelty to Animals Act, Gujarat Animal Preservation (Amendment) Act and the Motor Vehicles Act .

(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 complaint. He submitted that if the interim custody of the mobile phone is not handed over to the petitioner, serious prejudice would be caused to him, as the muddamal mobile phone would get damaged substantially by the time the trial gets concluded and probably, by that time, the value of the muddamal mobile phone 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.