MAHALE BHAGWAN PUNDLIK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Ms.Neha Shah, learned advocate for the petitioner and Ms.Moxa Thakker, learned APP for the respondents through Video Conferencing.

(2.) The present petition has been filed under Articles 226 and 227 of the Constitution of India and under Section 482 of the Criminal Procedure Code for releasing the vehicle i.e. MARUTI SUZUKI ERTIGA SMART HYBRID LXI CAR bearing registration no.GJ-15-CJ-1071.

(3.) It is averred in the petition that the present petitioner is the owner of the vehicle in question i.e. MARUTI SUZUKI ERTIGA SMART HYBRID LXI CAR bearing registration no.GJ-15- CJ-1071 which came to be seized by the police authority. It is also averred by the petitioner 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 petition may be allowed.