RAFIQBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Chintan Gandhi, 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 14, 19, 21, 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. Maruti Suzuki EECO bearing registration No.GJ-27 K-1575, which is seized by police in connection with Prohibition FIR No.11191065200817 of 2020 registered with Narol Police Station, Ahmedabad City.

(3.) It is averred in the application that the present applicant is the owner of the vehicle in question i.e. Maruti Suzuki EECO bearing registration No.GJ-27 K-1575, which came to be seized by the police authority. It is also stated that though the applicant is accused in the offence, 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.