GANIBHAI YUSUFBHAI JAMROTH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP Mr. J.K. Shah waives service of Rule for the respondent- State.

(2.) Present petition is filed under Articles 226 and 227 read with Articles 14, 19 and 21 of the Constitution of India as also under Section 482 read with Section 451 of the Code of Criminal Procedure for seeking following reliefs:-

(3.) The case of the present petitioner is that the petitioner is the owner of Mahindra & Mahindra Limited TUV 300 T8 Registration No.GJ-03-HR-4406. The said vehicle is alleged to have been used for commission of the offence and therefore the muddamal vehicle is in possession of the police in connection with the offence, being C.R. No.III-518 of 2019 lodged before Una Police Station, Gir Somnath for the offences punishable under Sections 65(E) , 81 , 83 , 99 , 98(2) of the Prohibition Act. Therefore, the petitioner initially preferred an application before learned Chief Judicial Magistrate for release of the vehicle. However, learned Additional Chief Judicial Magistrate, Una vide order dated 14.10.2019 rejected the said application of the petitioner. The petitioner therefore, preferred Criminal Revision Application No.40 of 2019 before learned 2 nd Additional Sessions Judge, Una under Section 397 of the Cr.P.C., which also came to be rejected vide order dated 6.11.2019. As a result of this, since the vehicle in question has remained in custody and several orders have been passed by the coordinate Benches of this Court about release of vehicles, the petitioner has invoked the extraordinary jurisdiction of this Court under 226 of the Constitution of India.