KANKARIA INVESTMENT 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 bearing registration No.GJ-06-EH- 4040, 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 a propitiatory firm and has entered into a higher purchase agreement with the accused named in the FIR. The petitioner firm is the hypothecation holder. The copy of the R.C. Book has been produced on record to prove the aspect of ownership.