RATILAL MAGANBHAI MALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Article 227 of the Constitution of India for the release of the muddamal vehicle i.e. Bajaj Auto Ltd. Re Compact CNG Eco Green bearing Registration No.GJ-06-AW9383.

(2.) Learned advocate for the petitioner submitted that on registration of the FIR being C.R. No.11197034200116 of 2020 registered with Padra Police Station, District Vadodara Rural, for the offences under the provision of the Gujarat Prohibition Act, the vehicle of the petitioner has been seized as muddamal in connection with the aforesaid offence, however, the said vehicle is duly registered with the transport department of the Government and in support of it, RC Book is placed on record at Page No.26 of the compilation. He has submitted that the petitioner is not named in the FIR and he is not arraigned as an accused in the charge-sheet.

(3.) Learned advocate for the petitioner submitted that to get the custody of the said vehicle in question, the petitioner filed an application seeking release of the vehicle in question. However, the learned 2nd Judicial Magistrate, First Class, Padra, rejected the said application vide order dated 28.09.2020. Aggrieved by the same, the petitioner has preferred Criminal Revision Application No.170 of 2020. However, the said Revision Application was also rejected by the learned 10th Additional District Judge, Vadodara, vide order dated 15.12.2020. Therefore, the present petitioner has filed the present petition.