CHISTI VASIMUDDIN KHURSHIS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned Assistant Government Pleader Mr. KM Antani, waives service of notice of rule for the respondents- State.

(2.) With the consent of the learned advocates appearing for the respective parties, matter is taken up for final hearing today. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed to quash and set aside the impugned show cause notice dated 19.03.2020 and to issue appropriate writ, order or direction for releasing the vehicle bearing Hitachi Machine (Hyundai Excavator) Sr. No. N635D01219(R215L) of the ownership of the petitioner which is seized by the respondents.

(3.) Learned advocate for the petitioner, Ms. Namrata Shah has relied on an order dated 15.06.2020, passed by this court in Special Civil Application No. 7268 of 2020 wherein this court after relying on an order dated 18.04.2018 passed by the Division Bench of this court in Letters Patent Appeal No. 397 of 2018 in similar set of circumstances has released the vehicle detained therein. The relevant paragraphs read as under: