JAYSINH GHISALAL MALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.ChaudharI, learned advocatefor the applicant and Ms.Maithili Mehta, learned APP for the respondent - State through Video Conferencing. In view of earlier order, additional affidavit is placed on record clarifying about the number plate of the vehicle in question.

(2.) The present application has been filed under Articles 226 and 227 of the Constitution of India and under Section 451 read with Section 482 of the Criminal Procedure Code with a prayer to direct the investigating authority to hand over the custody of muddamal vehicle being Mahindra Bolero Pick Up bearing registration No.RJ-?38 GA-?1471, which is seized in connection with Prohibition C.R.No.III-? 233 of 2019 registered with Amirgadh Police Station.

(3.) It is averred in the application that the present applicant is the owner of the vehicle in question i.e. Mahindra Bolero Pick Up bearing Mahindra Bolero Pick Up bearing registration No.RJ-?38 GA-? 1471, 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.