KIRANSINH TAKHATSINH PADHIYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has preferred this petition under Article 227 of the Constitution of India to get the custody of muddamal vehicle being Skoda Car having registration number GJ33-B-0567, which is seized by police in connection with FIR being Prohibition C.R.No.III-54 of 2019 of registered with Botad Police station, Botad for offences punishable under sections 65(E), 98(D) and 116(B) etc. of the Gujarat Prohibition Act.

(2.) Mr. Vakil, learned advocate for the petitioner, submits that the petitioner being the owner of muddamal vehicle moved an application under section 451 of the Code of Criminal Procedure 1973 ['the code for short] before the learned Chief Judicial Magistrate First Class, Botad for interim custody of the vehicle during the pendency of the Trial of the case. The learned Magistrate, by his order dated 28.03.2019, allowed the application and ordered to hand over the possession of the aforesaid Skoda Car to the petitioner. The Investigating Agency assailed the order of the learned Magistrate by preferring the Criminal Revision Application No.22 of 2019 in the Sessions Court, Botad. Learned Additional District and Sessions Judge, Botad by his order dated 31.05.2019, allowed the revision application and directed the petitioner to hand over the possession of the vehicle in question to the Investigating Officer within seven days. The petitioner is therefore, before this Court with the present petition.

(3.) Rule returnable forthwith. Learned APP waives service of notice of rule on behalf of the respondent-State. With consent of the learned advocates for the parties, the matter is taken up for final disposal today.