KANUBHAI DEVABHAI GAMARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code is filed for the purpose of seeking following reliefs:-

(2.) The case of the petitioner is that the petitioner is the owner of the vehicle, i.e. Maruti Ecco Car having registration No.GJ-13-AH- 5322, which has been detained by the investigating officer in connection with the offence being C.R. No.III-96 of 2019 lodged before Wadhvan Police Station, Surendranagar for the offences punishable under Sections 65E, 116-B, 81 and 98(2) of the Gujarat Prohibition Act. The FIR came to be lodged on 29.07.2019.

(3.) For the purpose of release of the vehicle in question, the petitioner filed an application under Section 451 of the Code of Criminal Procedure before learned Judicial Magistrate, Wadhvan, but the same came to be dismissed. Thereafter, the petitioner preferred Revision Application No.41 of 2019 before learned Additional Sessions Judge, Surendranagar, which also came to be dismissed. Hence, the petitioner has invoked the extraordinary jurisdiction of this Court by way of filing the present petition.