HEMARAM NAGAJIRAM CHAUDHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent-State. With the consent of learned advocates on both the sides, the matter is heard today finally.

(2.) This petition has been preferred under Articles 226 and 227 of the Constitution of India essentially seeking the relief to release the muddamal vehicle being Hyundai Make - i-20 Car bearing registration No.GJ-18-BK- 9157 (in the FIR - GJ-18-BK-9162), Chassis No.MALBM51RLKM710775, Engine No.D4FCKM801031, which was seized in connection with the offence punishable under the Gujarat Prohibition Act (hereinafter referred to as "the Act"), on suitable terms and conditions.

(3.) Learned advocate for the petitioner submitted that the petitioner is the owner of the vehicle in question and has not been named in the complaint. He further submitted that in the FIR, the Registration Number of the vehicle has been wrongly mentioned as GJ-18-BK-9162 instead of GJ-18-BK-9157. The copy of the R.C. Book as also Insurance Policy of the vehicle have been produced on record to prove the aspect of ownership.