HARSUKHBHAI GOVINDBHAI SAHIYA Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) RULE. Ms.Mehta, learned APP waives service of notice of rule on behalf of the respondents. With the consent of learned advocates for both the sides, rule is fixed forthwith.

(3.) The present application has been filed under Article 226 of the Constitution of India and under Section 482 of the Criminal Procedure Code for releasing the muddamal vehicle seized by the Investigating Officer during the investigation. 3. It is averred in the application that the present applicant is the owner of the vehicle in question i.e. Maruti Alto Car bearing Registration No.GJ-01-KF-7193 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.