MEMAN MUNAFBHAI USMANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed through Power of Attorney Holder 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. Truck - Bharat Benz 1617R (Make Daimler India Commercial Vehicle Pvt. Ltd) bearing Registration No.GJ-26-T-4317.

(2.) At the outset, learned advocate for the petitioner pointed out that in connection with the FIR in question, two different vehicles have been seized by the Investigating Agency i.e. vehicle bearing registration No.GJ-19-X-1777 and the vehicle in question of the present petitioner i.e. GJ-26-T-4317 in connection with FIR being C.R. No.III-320 of 2016 registered with Shamlaji Police Station, District Aravalli. It is contended that so far as vehicle bearing registration No.GJ-19-X-1777 is concerned, the concerned petitioner Gulammohmed Ismail Isrolia through his Power of Attorney Holder Ilyashbhai Bhikhabhai Kuskiwala filed special Criminal Criminal Application No.4005 of 2020 before this Court and this Court vide order dated 02.09.2020 allowed the said petition and, thereby directed the concerned trial Court to immediately release the said vehicle on certain terms and conditions. Learned advocate, therefore, urged that similar order be passed in the case of the present petitioner.

(3.) Learned advocate for the petitioner has submitted that the vehicle in question is duly registered with the transport department of the Government and in support of it, RC Book is placed on record at Page No.18 of the compilation. He further, under the instructions, submitted that the petitioner is the registered owner of the vehicle in question and till date, the vehicle in question is not involved in any other case and even no one has claimed for the interim custody of the muddamal vehicle and if the interim custody of the said vehicle is handed over to the petitioner, he will abide by the conditions that may be imposed by this Court while handing over the vehicle. He, therefore, urged that this petition may be allowed on suitable conditions.