MITESHBHAI ASHOKBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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 unregistered vehicle bearing Chasis No.MA1ZU2TBKK1B24032 and Engine No.TBK1B33778.

(2.) Learned advocate for the petitioner submitted that on registration of the FIR being C.R. No.III-308 of 2019 registered with Vapi Town Police Station, District Valsad, 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, Tax Invoice is placed on record at Page No.10 of the compilation, wherein engine number and chasis number are also reflected and the same gets tallied with the engine and chasis numbers mentioned in the FIR. He has submitted that the petitioner is not shown as an accused in the FIR. He further, under the instructions, submitted that the petitioner is the registered owner of the vehicle in question and till date, the vehicle in question is not involved in any other case and even 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.

(3.) Learned advocate for the petitioner has urged that this Court has wide powers, while exercising such powers under Article 226 of the Constitution. It can also take into account the ratio laid down in the case of ' SUNDERBHAI AMBALAL DESAI VS. STATE OF GUJARAT , 2003 AIR(SC) 638, wherein, the Apex Court lamented the scenario of number of vehicles having been kept unattended and becoming junk within the police station premises. Learned advocate has also placed reliance upon the orders passed by the co-ordinate Bench of this Court.