CHAUHAN MOHANBHAI SOMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of notice of rule of rand on behalf of respondent State.

(2.) The present petition is filed under Article 226 of the Constitution of India for the purpose of seeking following reliefs :

(3.) The case of the applicant is that the applicant is the owner of the Truck bearing Registration No.GJ- 06-XX-9516 and in connection with the FIR bearing III-C.R.No.118 of 2019 lodged with Vankaner Taluka Police Station for the offences punishable under Sections 65AE , 116-B , 81 , 83 and 98(2) of the Prohibition Act, the said muddamal vehicle is seized by the authority. For the purpose of release of the vehicle in question, the applicant has filed the present petition mainly on the ground that though the applicant is the owner of the vehicle, the same was not being driven by him at the relevant point of time and the vehicle in question was given and entrusted tot he driver and the applicant is an innocent person and not aware about such episode which took place at the instance of the driver and, therefore, that being the position, the vehicle in question may not be allowed to be kept as it is as muddamal, since the trial is likely to take some more time. It has been submitted that by that time, the vehicle will be destroyed.