RAFIKBAHI NURMOHAMMAD GHANCHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of respondent-State.

(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. Maruti Swift VDI bearing Registration No.GJ-38-BB-7786.

(3.) It is the case of the petitioner that on registration of the FIR being C.R. No.11206061200513/2020 registered with Sathal Police Station 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.13 of the compilation, which shows that the petitioner is the registered owner of the vehicle in question. 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. It is also pointed out by learned advocate for the petitioner that earlier one Zala Sukhdevsinh Bhikhubha, who has purchased the vehicle in question, had filed petition being Special Criminal Application No.2128/2021 before this Court for the release of the vehicle in question, however, the said petition came to be withdrawn on 25.03.2021 with a liberty to file fresh petition by the registered owner of the vehicle in question and, hence, this petition has been filed by the registered owner of the vehicle in question. It is also submitted that except this, the vehicle in question is not involved in any other offence.