(1.) Heard Mr.Dave, 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 Articles 226 and 227 of the Constitution of India and under the provisions of the Criminal Procedure Code with a prayer to direct the concerned respondent to release muddamal vehicle i.e. Honda City Car bearing registration No.RJ-43 CA-0417, which is seized in connection with Prohibition C.R.No.III-122 of 2019 registered with Devgadh Baria Police Station, Dahod.
(3.) It is averred in the application that the present applicant is the owner of the vehicle in question i.e. Honda City Car bearing registration No.RJ-43 CA-0417, 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.