ASHISHBHAI AVCHARBHAI BHAGIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP Mr. J.K. Shah waives service of Rule for the respondent- State.

(2.) Present petition is filed under Article 226 read with Articles 19 and 21 of the Constitution of India as also under Section 482 read with Section 451 of the Code of Criminal Procedure for seeking following reliefs:-

(3.) The case of the present petitioner is that the petitioner is the owner of Maruti Suzuki Swift car having RTO registration No.GJ-03 KH 0059. On 8.9.2019, a complaint is lodged against two persons at Garbada Police Station, being Prohibition C.R. No.III-130 of 2019 under Sections 65E, 98(2) and 81 of the Gujarat Prohibition Act. In response to this criminal complaint, the vehicle belonging to the present petitioner, as stated above, is seized as a Muddamal during the course of investigation. According to the petitioner, in this complaint, charge-sheet has already been filed. As a result of this, with a view to see that the vehicle in question may not be dilapidated or the condition may not be deteriorated, as the trial is likely to take more time, the petitioner applied for interim custody of the said vehicle in question under Section 451 of the Cr.P.C. by way of an application before learned Magistrate, Garbada for release of the vehicle. But, by way of an order dated 6.11.2019, learned Magistrate has not considered the request. As a result of this, since the vehicle in question has remained in custody and several orders have been passed by the coordinate Benches of this Court about release of vehicles, the petitioner has invoked the extraordinary jurisdiction of this Court under 226 of the Constitution of India.