RAHUL HARIBHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Public Prosecutor waives service of notice of rule on behalf of the respondent-State. With the consent of learned advocates on both the sides, the matter is heard today finally.

(2.) This petition has been preferred under Articles 226 and 227 of the Constitution of India essentially seeking the relief to release the muddamal mobile phone VIVO Y15 bearing IMEI No. 866191042098558 and 866191042098541 which was seized in connection with the FIR bearing III C.R. No.11191048201315 of 2020 registered at Sarkhej Police Station, District Ahmedabad, for the offences punishable under the Gujarat Prohibition Act (hereinafter referred to as "the Act"), on suitable terms and conditions.

(3.) Learned advocate for the petitioner submitted that the petitioner is the owner of the mobile phone VIVO Y15 bearing IMEI No. 866191042098558 and 866191042098541 which was seized in connection with the FIR bearing III C.R. No.11191048201315 of 2020 and has not been named in the complaint. The copy of the Tax Invoice dtd. 14/8/2019 has been produced on record to prove the aspect of ownership.