PRAVINKUMAR MANILAL THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition under Art. 226 of the Constitution of India, the petitioner has prayed for release of muddamal vehicle i.e. Maruti Suzuki Eeco bearing Registration No. GJ-01-RV-8773 seized by the Investigation Office in connection with FIR being C.R.No. 11217040200762 of 2020 registered with Vagdod Police Station, Dist. Patan.

(2.) Learned advocate appearing for the petitioner submitted that this Court while exercising the powers under Art. 226 of the Constitution of India, also takes into account the ratio laid down in the case of Sundarbhai Ambalal Desai Vs. State of Gujarat, (2002) 10 SCC 283, wherein, the Apex Court has passed directions to dispose of the claim of seized muddamal expeditiously.

(3.) Learned Additional Public Prosecutor has opposed this application by stating therein that the petitioner has not exhausted the available remedy and directly approached this Court claiming the release of seized vehicle and accordingly the petition is liable to be dismissed.