ISHWARSINH GIRDHARSINH CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Thakkar, learned advocate for the applicant and Ms.Moxa Thakkar, learned APP for the respondent - State through Video Conferencing.

(2.) The present application has been filed under Articles 226 and 227 of the Constitution of India and under the provision of the Criminal Procedure Code with a prayer to quash and set aside order dated 9.9.2020 passed by 5 th Additional Sessions Court, Palanpur, in Criminal Revision Application No.39 of 2020 and to direct the respondent authority to release the muddamal vehicle being Hero Honda, Passion Pro Motor Cycle bearing registration No.GJ ? 08 AM ?5025, which was seized in connection with C.R.No.III ?319 of 2019 registered with Palanpur Taluka Police Station, District ?Banaskantha.

(3.) It is averred in the application that the present applicant is the owner of the vehicle in question i.e. Hero Honda, Passion Pro Motor Cycle bearing registration No.GJ ? 08 AM ?5025 Hero Honda, Passion Pro Motor Cycle bearing registration No.GJ ?08 AM ?5025 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.