OMPRAKASH BHAKHARARAM VISHNOI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Nirav Padhiyar, 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 Articles 14 and 226 of the Constitution of India and under Section 482 of the Criminal Procedure Code with a prayer to direct respondent no.1 to release/hand over the Mahindra and Mahindra vehicle bearing registration no. GJ ?12 K ?8271 to the petitioner.

(3.) It is averred in the application that the present applicant is the owner of the vehicle in question i.e. Mahindra and Mahindra vehicle bearing registration no. GJ ? 12 K ?8271, which came to be seized by the police authority. It is also averred by the applicant that he is not the accused in the offence and, therefore, considering the provisions of the Prohibition Act and other decisions of this Court, the application may be allowed.