RAFIKBHAI HUSENBHAI SHEKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Pathan, learned advocate for the applicant and Ms.Maithili Mehta, learned APP for the respondent - State through Video Conferencing.

(2.) The present application has been filed under Article 226 of the Constitution of India and under Section 451 read with Section 482 of the Criminal Procedure Code with a prayer to order release of muddamal vehicle i.e. Maruti Brezza Car bearing registration No. GJ-27 CF-0892, which is seized in connection with (Prohibition) C.R.No.III-208 of 2019 registered with Kalol Taluka Police Station, Gandhinagar.

(3.) It is averred in the application that the present applicant is the owner of the vehicle in question i.e. Maruti Brezza Car bearing registration No. GJ-27 CF-0892, which came to be seized by the police authority. It is also averred by the applicant that he is implicated on the basis of statement of co-accused in the offence and, therefore, considering the provisions of the Prohibition Act It is averred in the application that the present applicant is the owner of the vehicle in question i.e. Maruti Brezza Car bearing registration No. GJ-27 CF-0892, which came to be seized by the police authority. It is also averred by the applicant that he is implicated on the basis of statement of co-accused in the offence and, therefore, considering the provisions of the Prohibition Act and other decisions of this Court, the application may be allowed.