JAYANTIBHAI ABHABHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Dave, learned advocate for the applicant and Ms.Maithili Mehta, learned APP for the respondent State through Video Conferencing. Rule. Learned APP waives service of Rule on behalf of the respondent-State. With the consent of the parties, the matter is taken up for final hearing today.

(2.) The present application has been filed under Articles 226 and 227 of the Constitution of India and under Sections 451 and 482 of the Criminal Procedure Code with a prayer to issue direction for release of muddamal vehicle i.e. Maruti Ecco bearing registration No.GJ-23 AN-3394, which is seized by police in connection with Prohibition C.R.No.11204028200186 of 2020 registered with Kapadwanj Rural Police Station, District-Kheda.

(3.) It is averred in the application that the present applicant is the owner of the vehicle in question i.e. Maruti Ecco bearing registration No.GJ-23 AN-3394, which came to be seized by the police authority. It is also averred by the applicant that the vehicle is kept in open space, unutilized and by passage of time, the value of the vehicle will diminish. Therefore, considering the provisions of the Prohibition Act and other decisions of this Court, the application may be allowed.