GOVABHAI RAMJIBHAI DIYOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Article 227 of the Constitution of India for the release of the muddamal vehicle i.e. Mahindra Marshal DLX Jeep bearing Registration No.GJ-13-F-9082.

(2.) Learned advocate for the petitioner submitted that on registration of the FIR being C.R. No.III-89 of 2019 registered with Mavsari Police Station, District Banaskantha, for the offences under the provision of the Gujarat Prohibition Act, the vehicle of the petitioner has been seized as muddamal in connection with the aforesaid offence, however, the said vehicle is duly registered with the transport department of the Government and in support of it, RC Book is placed on record at Page No.37 of the compilation. He has submitted that the petitioner is not shown as an accused in the FIR and thereafter also not arraigned as an accused in the charge-sheet.

(3.) Learned advocate for the petitioner submitted that to get the custody of the said vehicle in question, the petitioner filed an application seeking release of the vehicle in question. However, the learned Judicial Magistrate, First Class, Vav, rejected the said application vide order dated 15.02.2021. Aggrieved by the same, the petitioner has preferred Criminal Revision Application No.2 of 2021. However, the said Revision Application was also rejected by the learned Additional District Judge, Banaskantha at Tharad, vide order dated 02.03.2021. Therefore, the present petitioner has filed the present petition.