Allowed

Parshottambhai Nathabhai Patel v. State of Gujarat

Gujarat HC6 Jun 2018SCA/7795/2018

Case brief

AI extract

What is this about?

On the consent of parties and reliance on a previous order in SIP No. 4386/2018, the High Court directed the respondent to release the seized motor vehicle within one week after the petitioner executes a bond and files an undertaking to comply with transport laws. The question regarding the applicability of Section 207 of the Motor Vehicles Act was kept open.

What did the court decide?

Release of the seized vehicle within one week of execution of a bond and filing of an undertaking to comply with transport laws and not engage in illegal activities.

Parshottambhai Nathabhai Patel Vs… — Constitutional and Fundamental Rights | Gujarat HC (2018)

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C/SCA/7795/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 7795 of 2018

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PARSHOTTAMBHAI NATHABHAI PATEL

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Versus

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STATE OF GUJARAT

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Appearance:

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MS. KRUTI M SHAH(2428) for the PETITIONER(s) No. 1

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MR. VENUGOPAL PATEL, ASSISTANT GOVERNMENT PLEADER(1) for the RESPONDENT(s) No. 1,2,3,4,5

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CORAM: HONOURABLE MR.JUSTICE BIREN VAISHNAV

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Date : 06/06/2018

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ORAL ORDER

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1With the consent of the learned advocates

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appearing for the respective parties, the present
application is taken up for final disposal today.

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2Rule. Dr.Venugopal Patel, learned Assistant

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Government Pleader, waives service of notice of rule
on behalf of the respondents.

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3This petition under Article 226 of the

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Constitution of India is filed for the purpose of
seeking the following reliefs:

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“(a) This Hon’ble Court may be pleased to issue appropriate writ, order or direction to

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Page 1 of 6

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C/SCA/7795/2018 ORDER

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respondents to release Motor Vehicle bearing Truck No. GJ-19-X-2545 and further be pleased to strike down the action of the respondent no.5 in booking the case under the provisions of Motor Vehicle Act against the petitioner on the ground of lack of jurisdiction.

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(b) This Hon’ble Court may be pleased to issue appropriate writ, order or direction for quashing and setting aside the action of the respondent no.5 in asking the petitioner to pay the penalty under the provisions of Gujarat Mineral (Prevention of Illegal Mining Storage and Transportation) Rules, 2017.

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(c) Pending admission, final hearing and disposal of this petition, direct the respondent no.5 to immediately release the vehicle bearing Truck No. GJ-19-X-2545, on such terms and conditions as this Hon’ble Court may deem fit and proper.

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(d) Grant such other and further relief as thought fit in the interest of justice.”

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4It is the case of the petitioner in the present

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petition that the vehicle in question being a truck
No.GJ-19-X-2545, was intercepted and seized by the
respondent no.5, i.e. the Police Inspector, Karjan
Police Station, under the provisions of Section
130(1)(3), 177, 204 and 207 of the Motor Vehicles
Act. MS.Kruti Shah, learned counsel for the
petitioner contends that, though, the No Objection
Certificate is issued by the Regional Transport
Officer, the vehicle is not released. It is the case

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Page 2 of 6

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C/SCA/7795/2018 ORDER

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of the petitioner that the vehicle is not involved in
any illegal activity. There are specific instructions
issued by the higher police authority that the Police
Department has no power, authority or jurisdiction to
prevent the vehicle and seize the same under Section
207 of the Motor Vehicles Act. Despite the same, in
exercise of powers under the said section, the
vehicle in question is seized. Further, the
contention is raised that apart from the fact
respondent no.5 being a police authority, has no
authority to seize the vehicle and cannot even ask
for N.O.C of the Geology and Mining Department
because the same is beyond the powers of the
authority.

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petitioner has relied upon the directions given in
the order dated 10.05.2018 passed in Special Civil
Application No. 4386 of 2018 and requested the Court
to issue similar directions.

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6Dr. Venugopal Patel, learned Assistant
Government Pleader, has submitted that he has no

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Page 3 of 6

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C/SCA/7795/2018 ORDER

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objection if the direction similar to the one issued
in Special Civil Application No. 4386 of 2018 are
issued. Dr.Patel, learned AGP, further submits that
the issue of applicability of Section 207 of the
Motor Vehicles Act be kept open, and without entering
into the merits of the case, the Court may issue
directions for release of the vehicle on the same
terms and conditions as passed in the order dated
10.05.2018 in Special Civil Application No. 4386 of
2018.

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7In view of the aforesaid consensus, the

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following directions are issued”

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(1)The petitioner shall execute proper amount of

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bond which the concerned authority requires as per
the Rules, within a period of one week from today.

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(2)The petitioner shall not use the vehicle in

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question in any illegal activity or activity of
commission of crime, in future.

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(3)The petitioner shall carry out all their
business of transport strictly in accordance with law

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Page 4 of 6

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C/SCA/7795/2018 ORDER

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with the parameters of the Gujarat Mineral
(Prevention of Illegal Mining, Transportation and
Storage) Rules, 2005, amended from time to time and
also in accordance with the Gujarat Minor Mineral
Concession Rules,2010.

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(4)The petitioner shall not sale, transfer or
alienate the vehicles in any manner, pending the
confiscation proceedings and shall produce the
vehicles before the authorized officer, as and when
call upon to produce the same for the purpose of
further proceedings in the matter.

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(5)The petitioner is also directed to file an
undertaking on oath to abide by the above terms
before the authorized officer and upon such
completion of formality by the petitioner, the
authorized officer shall immediately release the
vehicle and handover the same to the petitioner.

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(6)Thisorderispasseduponspecific

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representation of learned advocate for the petitioner
that in identical situation the co-ordinate Bench has

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Page 5 of 6

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C/SCA/7795/2018 ORDER

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consider the case on similar line. However, if any
deviation is found, it would be open for learned AGP,
Dr. Venugopal Patel, to move the Court.

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8It is clarified that the order has been passed
on consensus of parties and is restricted only to the
question of release of the vehicle and the
applicability of Section 207 of the Motor Vehicles
Act,1988, is kept open. With these observations, the
petition stands allowed to the aforesaid extent. Rule
is made absolute to the aforesaid extent. Direct
service is permitted today.

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(BIREN VAISHNAV, J)

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Bimal

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Page 6 of 6

Parshottambhai Nathabhai Patel v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Parshottambhai Nathabhai Patel v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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