CHANDULAL JIVRAJBHAI CHAU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Niyalchandani, learned advocate for the applicant and Ms.Maithili Mehta, learned APP for the respondent - State through Video Conferencing.

(2.) The present application has been filed under Articles 226 and 227 of the Constitution of India and under Section 482 of the Criminal Procedure Code with a prayer to direct respondent no.2 to release/ hand over the seized Rickshaw bearing registration No.GJ 03 AZ 9653 in connection with Prohi.C.R.No.9/2018 with Bhaktinagar Police Station, Rajkot.

(3.) It is averred in the application that the present applicant is the owner of the vehicle in question i.e. Rickshaw bearing registration No.GJ 03 AZ 9653, 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.