MOHAMMED AMEEN ARIF ANJUM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 18.02.02021 passed by Principal District and Sessions Judge, Tapi at Vyara, in Criminal Revision Application No. 03 of 2021 as well as the order dtd. 11/1/2021 passed by JMFC, Nizar, in Muddamal Application and sought release of the vehicle being TATA Truck bearing Registration No.MH-04-FP-6936, which has been seized by the investigating agency in connection with FIR bearing C.R.No.11824007200327 of 2020 registered with Nizar Police Station, Tapi.

(2.) Learned advocate appearing for the petitioner submitted that this Court while exercising the powers under Article 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.