NARENDRA HEMANTKUMAR PATIL Vs. POLICE SUB INSPECTOR

JUDGEMENT

(1.) RULE. Shri Dabhi, learned APP waives service of notice of RULE on behalf of respondent no.3. With the consent of the learned advocates for respective parties and in the facts and circumstances of the case, the application is taken up for final hearing.

(2.) PRESENT Special Criminal Application under Article 226 of the Constitution of India has been preferred by the petitioner from whom the vehicle in question has been detained, for an appropriate writ, direction and order quashing and setting aside the impugned order dated 11.6.2011 passed by respondent no.1 and to direct the respondent to release the vehicle bearing No. GJ-16-U-3179.

(3.) IN response to the notice issued by this Court, Shri Dabhi, learned Additional Public Prosecutor has appeared on behalf of the respondent State. It is submitted that apart from the detention memo, even certain amount of taxes is due and payable on the vehicle in question. It is further submitted that even petitioner is not the owner of the vehicle in question and is only having agreement to sell in his favour.