MAYURBHAI KANTIBHAI JILKA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Nirav Sanghavi, 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 petitioner has filed draft amendment. The same is allowed. The petitioner may carry out the amendment forthwith. Present petition has been filed under Article 226 of the Constitution of India and under Section 482 of the Criminal Procedure Code with a prayer to issue direction for release of muddamal vehicle i.e. Maruti EECO, 7 Seater STD Car bearing registration No.GJ-03 LG-5653, which is seized by police in connection with Prohibition C.R.No.11208056201063 of 2020 registered with Thorala Police Station, Rajkot City.

(3.) It is averred in the application that the present applicant is the owner of the vehicle in question i.e. Maruti EECO, 7 Seater STD Car bearing registration No.GJ-03 LG-5653, which came to be seized by the police authority. It is also averred by the applicant that he is not the accused in the offence and the vehicle is lying in open space and its condition is likely to deteriorate by passage of time and, therefore, considering the provisions of the Prohibition Act and other decisions of this Court, the application may be allowed.