HATISANG BHUPATBHAI TANK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned AGP Mr. Sahil Trivedi waives service of notice of rule on behalf of the respondent No.1.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for release of the vehicle belonging to the petitioner being Sany Hydraulic Excavator popularly known as Hitachi machine bearing Serial No.21SE21A0110141.

(3.) It is the case of the petitioner that petitioner is the owner of the above-mentioned vehicle and the same was seized on 17/5/2022 by Flying Squad of the respondent authorities and no seizure memo was issued in respect of the aforesaid vehicle. It is the case of the petitioner that though the vehicle was seized on 17/5/2022 and since it is in the custody of respondents authority and till date no FIR is being registered against the present petitioner under any of the provisions of Mines and Minerals Act or IPC .