JAYRAJSINGH DEVENDRASINGH RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) On the facts and in the circumstances of the case and with the consent of the learned advocates for the respective parties, the petition is taken up for final disposal.

(2.) By this petition under Articles 226 and 227 of the Constitution of India, the petitioner prays for quashing and setting aside the order dated 5.9.2019 passed by the learned Judicial Magistrate (First Class), Modasa as well as the order dated 27.11.2019 passed by the learned Principal District & Sessions Judge, Arvalli in Criminal Revision Application No.23 of 2019. Further, it has been urged that the custody of Toyota Fortuner Car bearing Registration No.GJ-09-BE-0769 (hereinafter referred to as 'the vehicle in question') be handed over to the petitioner, pending trial.

(3.) Ms. Kamlesh S. Kotai, learned advocate for the petitioner submitted that the vehicle in question was seized in connection with the First Information Report being Prohibition C.R.No.III-292 of 2019 registered with Modasa Rural Police Station for the offences under Sections 65(a)(e), 98(2) and 116B of the Gujarat Prohibition Act, 1949 (hereinafter referred to as 'the Prohibition Act '). It is submitted that since then, the vehicle in question is lying with the concerned police station. That no purpose would be served by allowing the vehicle in question to remain at the concerned police station, considering the fact that if the same is kept in the open space, the vehicle in question will be reduced to junk. It is submitted that the petitioner is neither named in the First Information Report nor any connection of the petitioner has been established with the incident in question. It is submitted that in view of the fact that the petitioner is not connected with the commission of offence, in the interest of justice, the vehicle in question may be released.