VIPUL ROSHAN KUMAR SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition under Article 226 and 227 of the constitution of India, the petitioner has prayed for quashing and setting aside the condition imposed by the (Adhoc) Additional District Judge, Tapi at Vyara in order dated 16.03.2019 passed below Muddamal Application No.100 of 2018 for release of the Truck No.GJ-26-T-7271 having Chasis No.MAT373124D1G9660 under Section 451 of the Code of Criminal Procedure, 1973.

(2.) By the impugned order, the vehicle in question was ordered to be released on condition of furnishing unconditional bank guarantee to the tune of 1.5 times the value of the muddamal seized vehicle along with bail bond of the same amount to the satisfaction of the court below.

(3.) It is the case of the petitioner that the Chief Judicial Magistrate, Songadh by order dated 02.01.2019 rejected the application filed by the petitioner under Section 451 of the Code of Criminal Procedure, 1973 for returning the muddamal vehicle. The petitioner therefore preferred Criminal Misc. Application No.100 of 2018 in which the impugned order is passed.