RATHVA NARIYABHAI NAVALABHAI 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 vehicle i.e. Hero Motocorp Ltd HF Delux (I3S Self-Drum-Cast) bearing Registration No.GJ-34-F-6985.

(2.) Learned advocate for the petitioner submitted that on registration of the FIR being C.R. No.11184004200332 of 2020 registered with Kadval Police Station, District Chhotaudepur, 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. He has submitted that the petitioner is not named in the FIR nor he is arraigned as an accused in the charge-sheet.

(3.) Learned advocate for the petitioner 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.