SWARUP BARUN SARKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Kishan Daiya, 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 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 vehicle i.e. Maruti Suzuki India Ltd. Maruti EECO 5 seater with AC Car bearing registration No.GJ-05 RJ-1081, which is seized by police in connection with Prohibition C.R.No.11200049201820 of 2020 registered with Vapi GIDC Police Station, DistrictValsad.

(3.) It is averred in the application that the present applicant is the owner of the vehicle in question i.e. Maruti Suzuki India Ltd. Maruti EECO 5 seater with AC Car bearing registration No.GJ-05 RJ-1081, which came to be seized by the police authority. 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. It is stated that the applicant is the accused in the offence, however, he is released on bail.