THAKOR JITUJI SHAKRAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr., learned advocate for the applicant and Ms.Thakker, learned APP for the respondents through Video Conferencing.

(2.) The present application has been filed under Articles 226 and 227 of the Constitution of India and under Sections 451 and 457 of the Criminal Procedure Code for releasing the vehicle i.e. MARUTI SUZUKI BALENO CAR bearing Registration No.GJ-02-DA-4245 and for quashing and setting aside the order dated 24.07.2019 passed by the learned 3rd Judicial Magistrate, First Class, Mehsana in Muddamal Application and the order dated 15.09.2020 passed by the learned Sessions Judge, Mehsana in Criminal Revision Application No.58 of 2020.

(3.) It is averred in the application that the present applicant is the owner of the vehicle in question i.e. MARUTI SUZUKI BALENO CAR bearing Registration No.GJ-02-DA-4245 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.