MANUBHAI SONDABHAI MAKVANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Shah, 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, Section 99 of the Prohbition Act read with Sections 451 and 482 of the Code of Criminal Procedure with a prayer to issue direction for release of muddamal vehicle i.e. Honda Shine Motor Cycle bearing registration No.GJ-13-AG-2190, which is seized by police in connection with FIR No.III-219/2018 registered with Wankaner City Police Station, District-Morbi.

(3.) It is averred in the application that the present applicant is the owner of the vehicle in question i.e. Maruti EECO Car bearing registration No.GJ-36-L-3530, which came to be seized by the police authority. It is also stated that the applicant is the accused in the offence, however, he is released on bail and 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.