MAYURSINH JAYDEVSINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, with a prayer to quash and set aside the order dated 23.3.2011 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No.2, Jamnagar in Criminal Revision Application No.15 of 2011. THE petitioner has further prayed to release the muddamal Tavera Vehicle No.GJ-10-AP-8119 and to hand over custody of the said vehicle to the petitioner in connection with an FIR registered before Jodiya Police Station being Prohibition C.R.No.22 of 2011 for the offences punishable under Secs.66b, 65ae and 81 of the Bombay Prohibition Act.

(2.) THE facts giving rise to this petition are as under: 2.1 THE present petitioner was arrested in connection with FIR registered vide Prohibition C.R.No. 22 of 2011 at Jodiya Police Station, Jamnagar for the offences punishable under Section 66-b, 65-ae and Sec.81 of the Bombay Prohibition Act. 2.2 During the investigation, the Investigating Officer has detained one Tavera Vehicle bearing registration No.GJ-10-A.P. - 8119. THE present petitioner has submitted one application being Criminal Misc. Application No.24 of 2011 before the learned JMFC Court, Jodiya, for getting custody of the said vehicle THE learned trial Judge by his order dated 23.1.2011 has rejected the said application. When the said order was challenged before the Sessions Court, Jamnagar, by way of revision being Criminal Revision Application No.15 of 2011, it was also dismissed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No.2, Jamnagar vide order dated 23.3.2011.

(3.) RELIANCE is placed on a decision of the Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai vs. State of Gujarat reported in AIR 2003 SC 638. In the opinion of this Court, the custody of the vehicle should be handed over to the petitioner by imposing certain conditions.