DAUDSHA NANUSHA PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent- State.

(2.) The present petition under Articles 226 and 227 of the Constitution read with Section 482 of the Cr.P.C., has been filed for the purpose of seeking following reliefs :

(3.) The case of the petitioner is that in connection with FIR being I-CR No.127 of 2019 lodged before Amreli Police Station, Amreli, a four wheeler car belonging to the petitioner is detained and seized as muddamal. The said vehicle has not at all been used for the purpose of transporting any material for the purpose of commission of crime and the said vehicle if during the course of trial to be detained and not released, the same would deteriorate. As a result of this, thepetitioner originally had filed an application under Section 451 of the Cr.P.C. for the purpose of release of vehicle and the 2nd Addl. Chief Judicial Magistrate, Amreli was pleased to release the vehicle in question in favour of the petitioner by imposing certain conditions andoneofthe conditions wasto give unconditional nationalized bank guarantee to the extent of 1.5 times and personal bond to that extent. Feeling aggrieved by the said order, the petitioner preferred Criminal RevisionApplication before the learned Principal District and Sessions Judge, Amreli, who, by an order dated 31.1.2020, was pleased to reject thesaid criminal revision application mainly relying upon one decision which was delivered by this Court in Special CriminalApplication No.9745 of 2017,decided on 18.12.2017 and it is against this order passed by the courts below, the petitioner has invoked extraordinary jurisdiction of this Court.