SHAIKH JAKIR ISMAILBHAI Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) The present application has been filed under Article 226 of the Constitution of India and under Section 482 of the Criminal Procedure Code with a prayer to direct the concerned respondent to release muddamal vehicle Maruti Suzuki India Ltd. Swift Diesel VDI IMB BS3, bearing registration no.GJ-01 HR-6045, which is seized in connection with C.R.No.III-18 of 2019 registered with Adalaj Police Station, Gandhinagar.

(3.) It is averred in the application that the present applicant is the owner of the vehicle in question i.e. Swift Diesel VDI IMB BS3, bearing registration no.GJ-01 HR- 6045, which came to be seized by the police authority. IIt is averred in the application that the present applicant is the owner of the vehicle in question i.e. Swift Diesel VDI IMB BS3, bearing registration no.GJ-01 HR- 6045, which came to be seized by the police authority. It is also averred by the applicant that the vehicle is lying in open place and its condition is deteriorating and, therefore, considering the provisions of the Prohibition Act and other decisions of this Court, the application may be allowed.