SANJAYKUMAR RAMESHBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Nisha Thakor, learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent - State.

(2.) On the facts and in the circumstances of the case and with the consent of the learned advocates for the respective parties, the petition is taken up for final disposal.

(3.) This petition is filed under Article 226 of the Constitution of India, praying for quashing and setting aside the order dated 26.11.2019 passed by the learned Additional Chief Metropolitan Magistrate, Court No.11, Ahmedabad whereby, the application filed by the petitioner under Section 451 seeking release of the muddamal, that is, Hyundai i20 Car, having registration number GJ-01-KU-3803 (hereinafter referred to as the 'vehicle in question'), came to be rejected, and in the alternative, it is prayed to release/handover the custody of the vehicle in question to the petitioner during the pendency of the trial.