SATISHKUMAR VIRJIBHAI ASARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Meet Katira for Mr.Awtani, 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 present application has been filed under Articles 226 and 227 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. Hero Splendor Plus Motor Cycle bearing registration No.GJ-31 F-3203, which is seized by police in connection with Prohibition C.R.No.III-333 of 2018 registered with Bhiloda Police Station, District-Aravalli.

(3.) It is averred in the application that the present applicant is the owner of the vehicle in question i.e. Hero Splendor Plus Motor Cycle bearing registration No.GJ-31 F- 3203, which came to be seized by the police authority. It is stated that the applicant is an accused in the offence and he is released on bail 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.