NARESHKUMAR MALAJI NAYI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of notice of Rule for the respondents.

(2.) 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. Toyota Fortuner Car bearing Registration No.GJ­11­S­9161.

(3.) It is the case of the petitioner that on registration of the FIR being C.R. No.11208055210050 of 2021 registered with DCB Police Station, District Rajkot City, 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.11 of the compilation. He further submitted that till date, no one has claimed for the interim custody of the muddamal vehicle and if the interim custody of the said vehicle is handed over to the petitioner, he will abide by the conditions that may be imposed by this Court while handing over the vehicle. He, therefore, urged that this petition may be allowed on suitable conditions.