KALAL AMRUTBHAI BAGHAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Patel, learned advocate for the applicant and Ms.Thakkar, learned APP for the respondent - State through Video Conferencing. Rule. Learned APP waives service of Rule on behalf of the respondent-State. With the consent of the parties, the matter is taken up for final hearing today. By filing draft amendment, learned advocate for the petitioner has prayed to amend prayer Clause (C) as the petitioner has specifically mentioned number of the vehicle in such clause. Same number is also referred by the investigating officer in his report. Draft amendment filed by the petitioner is allowed. The petitioner shall amend the petition accordingly and place a copy thereof on record.

(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 issue direction for release of muddamal vehicle i.e. Maruti Swift Dzire Car bearing registration No.GJ-01 FT-6558, which is seized by police in connection with FIR being C.R.No.III-468 of 2019 registered with Nikol Police Station, Ahmedabad City.

(3.) It is averred in the application that the present applicant is the owner of the vehicle in question i.e. Maruti Swift Dzire Car bearing registration No.GJ-01 FT-6558, 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.