DANABHAI DHUDABHAI BHUVA vs Government of Gujarat Advocate - DGP — 252/2026

Case under The Bharatiya Nagarik Suraksha Sanhita, 2023 Section 497. Disposed: Contested--ALLOWED on 13th April 2026.

Case disposed

CRMA S - CRIMINAL MISC. APPLICATION - SESSIONS

CNR: GJSN010006342026

Filing Number

252/2026

Filing Date

10-Mar-2026

Registration No

252/2026

Registration Date

10-Mar-2026

Court

DISTRICT AND SESSIONS COURT SURENDRANAGAR

Judge

2-4th Addl District Judge

Decision Date

13-Apr-2026

Nature of Disposal

Contested--ALLOWED

Last updated 16-Jun-2026

Acts & Sections

The Bharatiya Nagarik Suraksha Sanhita, 2023 Section 497
Mines and Minerals (Development and Regulation) Act, 1957 Section 4,21
The Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 Section 3,21,12(2)(B)(ii)

Petitioner(s)

  1. 1.DANABHAI DHUDABHAI BHUVA

    Adv. H A PARMAR

Respondent(s)

  1. 1.Government of Gujarat Advocate - DGP

  2. 2.BHUSTAR VIGYAN ANE KHAN KHANIJ VIBHAG

Case History

  1. Case disposedDisposed

  2. 13-Apr-2026

    JudegementView PDF

    Case Summary: CRMA 252/2026 Court Decision: The court ALLOWED the application and granted interim custody of the seized excavator machine to petitioner Danabhai Dhudabhai Bhuva, subject to strict conditions including furnishing a bank guarantee of 1.5 times the machine's value and a personal surety bond. Key Reasoning: While the machine was found at an illegal mining site, the court found the applicant proved lawful ownership through purchase bills and bank no-objection certificates. Relying on Gujarat High Court precedent, the court held that despite special mining laws, judicial magistrates retain discretion under Section 497 BNSS to grant interim custody of seized vehicles when the owner faces financial loss from prolonged non-use, provided stringent safeguards are imposed. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 13-Apr-2026

    Disposed

    4th Addl District Judge

  4. 07-Apr-2026

    Hearing

    4th Addl District Judge

  5. 01-Apr-2026

    Hearing

    4th Addl District Judge

  6. 17-Mar-2026

    First hearing

    Initial hearing scheduled

  7. 10-Mar-2026

    Case filed

    Registration No. 252/2026

casestatus.in Summary

Case Summary: CRMA 252/2026 Court Decision: The court ALLOWED the application and granted interim custody of the seized excavator machine to petitioner Danabhai Dhudabhai Bhuva, subject to strict conditions including furnishing a bank guarantee of 1.5 times the machine's value and a personal surety bond. Key Reasoning: While the machine was found at an illegal mining site, the court found the applicant proved lawful ownership through purchase bills and bank no-objection certificates. Relying on Gujarat High Court precedent, the court held that despite special mining laws, judicial magistrates retain discretion under Section 497 BNSS to grant interim custody of seized vehicles when the owner faces financial loss from prolonged non-use, provided stringent safeguards are imposed. This case analysis is maintained by casestatus.in based on publicly available court records.

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