ASHWINBHAI RUKHADBHAI KHACHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition under Articles and 227 of the Constitution of India is filed for the purpose of seeking following reliefs:-

(2.) The case of the petitioner is that the petitioner is the owner of Toyota Fortuner, Model Name 3.0L 2WDAT, Vehicle bearing RTO Registration No.GJ-04- BE 9660 Chassis No.MBJ11VJ5105029796 and Engine No.U110973, which is seized by the investigating officer in connection with the offence being C.R. No.III-140 of 2019 lodged before Thangadh Police Station, Surendranagar for the offences punishable under Sections 65(c), 81, 98(2) and 116-B of the Gujarat Prohibition Act. The FIR came to be lodged on 6.11.2019.

(3.) For the purpose of release of the vehicle in question, an application was submitted under Section 451 of the Code of Criminal Procedure before learned JMFC, Thangadh. However, the said application came to be rejected vide order dated 28.2.2020. Feeling aggrieved by the said decision, the petitioner preferred another application before learned District and Sessions Judge, Surendranagar being Criminal Revision Application No.14 of 2020, which also came to be rejected, mainly on the ground of limitation of Section 98(2) of the Amended Act and it is against these orders passed by the Courts below and independent thereof, the petitioner has invoked the extraordinary jurisdiction of this Court by way of filing the present petition.