CHAUHAN AABURAJSINH PRATAPSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Kaash Thakkar, learned advocate for the applicant and Ms.Moxa Thakkar, learned APP for the respondent - State through Video Conferencing.

(2.) The present application has been filed under Articles 14, 226 and 227 of the Constitution of India with a prayer to issue direction for release of muddamal motorcycle i.e. H.F.Deluxe, Hero Motocorp Ltd. bearing registration No.GJ-08 BM-5200, which is seized by police in connection with Prohibition C.R.No.III-199 of 2019 registered with Amirgadh Police Station, District-Banaskantha.

(3.) It is averred in the application that the present applicant is the owner of the vehicle in question being motorcycle, H.F.Deluxe, Hero Motocorp Ltd. bearing registration No.GJ-08 BM-5200, which came to be seized by the police authority. It is stated that though the applicant is accused in crime, he is released on bail. It is also averred by the applicant that 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.