BOGHABHAI BALABHAI KODIYATAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 - State of Gujarat. With the consent of learned advocates appearing for the respective parties, present petition is taken up for final hearing today.

(2.) By way of present petition under Articles 14, 19(1)(g), 21 and 226 of the Constitution of India read with Ss. 451 and 482 of the Code of Criminal Procedure, 1973, the petitioner has prayed for the following reliefs:

(3.) Learned advocate for the petitioner has submitted that the petitioner is innocent and is engaged in agricultural activity and he used to transport Jaggery for the purpose of cattle feed which was purchased from one Bharat Traders through invoice. Further, the petitioner has never engaged in any illegal activity. Even, the muddamal was not rotten gur and he has submitted that petitioner is ready and willing to abide by any condition that may be imposed by this Court while releasing the muddamal. Learned advocate for the petitioner has mainly contended that the muddamal goods is not a rotten gur but is jaggery used for cattle feed. Further, he has stated that he has purchased the said goods by way of invoice from one Bharat Traders having GST Number and the petitioner is not engaged in illegal activities in any manner and no purpose would be served by confiscating the muddamal goods. The petitioner has relied on the decision of Hon'ble Apex Court in the case of Rajendra Prasad vs. State of Bihar reported in 2002 SCC (Cri.) 1034 and Sunderbhai Ambalal Desai vs. State of Gujarat reported in 2003(2) GLR 1337 and submitted that if is of no use to keep the seized muddamal at the police station for a long period. Hence, he has requested to allow the present petition.