SHAIKH SUFIYAN HUSAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Hiren Varma for Mr.Baghel, learned advocate for the applicant and Ms.Moxa 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.

(2.) The present application has been filed under Articles 226 and 227 of the Constitution of India and under the provisions of Section 451 read with Section 482 of the Criminal Procedure Code with a prayer to issue direction for release of muddamal vehicle i.e. Wagon-R LXI Silver Colour Car bearing registration No.GJ-05 CF-3971, which is seized by police in connection with FIR No.11210005200938 of 2020 registered with Athwalines Police Station, Surat.

(3.) It is submitted by learned advocate for the applicant that the present applicant is the owner of the vehicle in question i.e. Wagon-R LXI Silver Colour Car bearing registration No.GJ-05 CF-3971, which came to be seized by the police authority. He also submitted that the applicant is an accused in the offence and he was arrested by police, however, at present he is on bail. It is also averred by the applicant that the vehicle is kept in open to sky condition since the date of FIR and it is likely to be damaged and its condition is deteriorating by passage of time. Therefore, considering the provisions of the Prohibition Act and other decisions of this Court, he prayed that the application may be allowed.