MITESH RASIKLAL THACKER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Jitendra Malkan for learned advocate Ms. Khushboo Malkan for the applicant and learned Additional Public Prosecutor Ms. Chetna M. Shah for the respondent ? State through video conferencing.

(2.) By way of present petition under Article 226 of the Constitution of India, the petitioner has prayed for release of the muddamal vehicle - Creta car bearing Registration No. GJ12 ?DA ?8822.

(3.) Having heard the learned advocates, it appears that vide impugned order dated 05.02.2019 passed by the 2nd Additional Sessions Judge, Gandhidham ?Kachchh and the order dated 29.12.2018 passed by the learned Additional Chief Judicial Magistrate, Gandhidham, the Courts below refused to return Muddamal vehicle being Creta car bearing Registration No. GJ12 ?DA ?8822 which was detained in connection with the Station Dairy Entry No. 16 of 2018 registered before Adipur Police Station, Dist: Kachchh, under Sections 41(1)(d) and 102 of the Code of Criminal Procedure, 1973.