SHANKARDEEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition under Article 226 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 Bolero Pickup being Registration No.RJ-04-GB-5272, Engine No.GHH1B15965 and Chassis No.MA1ZC4GHKH1B23168, which has been detained by the investigating officer in connection with the offence being C.R. No.III-245 of 2019 lodged before Bhabhar Police Station, Banaskantha for the offences punishable under Sections 65-A , 65-E , 116-B , 81 and 98(2) of the Prohibition Act. The FIR came to be lodged on 26.7.2019.

(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 Additional Judicial Magistrate First Class, Bhabhar. However, the same came to be rejected vide order dated 14.2.2020. Therefore, the petitioner has invoked the extraordinary jurisdiction of this Court by way of filing the present petition.