RATANSINH MOBATSINH RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition has been preferred under Articles 226 and 227 of the Constitution of India seeking quashment of the order dtd. 12/12/2019 passed by the Additional Chief Judicial Magistrate, Patan and the order dtd. 3/9/2020 passed by learned Additional Sessions Judge, Patan in Criminal Revision Application No.112 of 2019, and seeking the relief to release the muddamal vehicle bearing registration No.GJ-25-A-9389, which was seized in connection with F.I.R. being I-C.R. No.270 of 2018 by the Patan City B-Division Police Station, Dist. Patan for the offence punishable under Ss. 413 , 420 , 465 , 467 , 468 , 471 , 472 , 201 , 120B of the IPC on suitable terms and conditions.

(2.) Mr. Ankit Y.Bachani, learned advocate for the petitioner submits that the allegations in the FIR is of car being stolen and also some allegation is made of manipulating the chassis number and thereby has caused destruction of evidence. He submits that it is further alleged in the FIR that new chassis numbers were made for the sale of vehicles in the State of Gujarat.

(3.) Learned Additional Public Prosecutor appearing for the respondent-State vehemently contended that the muddamal vehicle was involved in the offence and the allegations are of selling the stolen vehicle by changing the chassis number and therefore, no powers may be exercised by this Court by releasing the muddamal vehicle seized by the police. It was, however, urged that the powers of this Court under Art. 226 of the Constitution to order release of the vehicle can be exercised at any time whenever the Court deems it appropriate. It was, accordingly, urged that the present petition may not be entertained.