AJMALKHAN SAFADARKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Barejia, learned advocate for the applicant and Ms.Moxa Thakkar, learned APP for the respondent-State through Video Conferencing. As per earlier order, learned APP has produced report from the police authority. The same is taken on record.

(2.) The present application has been filed under Articles 226 and 227 of the Constitution of India and under Section 451 of the Criminal Procedure Code with a prayer to issue direction for release of muddamal two wheeler i.e. ACCESS 125, Suzuki Motorcycle India Limited, bearing registration No.GJ-27 CD-1514, which is seized by police in connection with Prohibition FIR No.III-491 of 2019 registered with Danilimda 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. ACCESS 125, Suzuki Motorcycle India Limited, bearing registration No.GJ-27 CD-1514, which came to be seized by the police authority. It is also averred by the applicant that he is not the accused in the offence 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.