DINESHBHAI KALESINHBHAI RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule for and on behalf of the respondents.

(2.) By way of present writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has sought for a direction to concerned authority to hand over the muddamal vehicle bearing registration No.GJ-34-J-4786 and Chasis No.MBLHAW122L5F03705 and Engine No.HA11EYL5F53119 in connection with the FIR being C.R. No.11184005200424 of 2020 registered with Karali Police Station, Chhotaudepur in view of clear embargo under Section 98(2) of the Prohibition Act, 1949 ("the Act" for short) the subordinate courts are not granting any relief.

(3.) Considering the facts and circumstances of the present case as well as that the applicant is the owner of vehicle, who gave his vehicle for transportation work, who is not in the crime in question and the arguments advanced by learned advocate for the parties, it can be seen that the present matter is squarely covered by the decision rendered by this Court in Special Criminal Application No. 7642 of 2018 (Hardikbhai Mukeshbhai Chauhan Vs. State of Gujarat) decided on 05.09.2018. Applicant has also produced xerox copy of Certificate of Registration of his motor vehicle issued by Competent Authority, which clearly shows ownership as well as registration number of the motor vehicle as well as name of the applicant shown in the complaint.