DESINGBHAI NATADABHAI RATHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Jaydeep Sindhi, learned advocate for the applicant and Mr. L.B.Dabhi, learned APP for the respondent - State through Video Conferencing.

(2.) The present application has been filed under Articles 226 and 227 of the Constitution of India and under Section 451 of the Criminal Procedure Code with a prayer to issue direction for release of muddamal vehicle i.e. MOTORCYCLE -SPLENDOR PLUS MAC (Make -HERO HONDA MOTORS LTD) bearing Registration No. GJ-06-FA-7892, which is seized by police in connection with C.R.No.III-103/2018 registered with Karali Police Station, District-Chhotaudepur.

(3.) It is averred in the application that the present applicant is the owner of the vehicle in question i.e. MOTORCYCLE -SPLENDOR PLUS MAC (Make -HERO HONDA MOTORS LTD) bearing Registration No. GJ-06-FA-7892, which came to be seized by the police authority. It is also averred by the applicant that he is the accused in the offence and at present he is enlarged on bail. It is further averred that 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.