SURESHBHAI JAGDISHBHAI BAKOTIYA Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) By way of this petition, the petitioner has prayed to quash and set aside the order dtd. 30/12/2021 passed by the learned Sessions Court, Surendranagar to release the muddamal vehicle bearing registration No.GJ-13-AW-6970, which was seized in connection with the FIR being C.R.No.11211025210550 of 2021 registered with Jorawarnagar Police Station, Surendranagar for the offence punishable under Ss. 285 & 34 of the Indian Penal Code, and Ss. 3 , 7 & 11 of the Essential Commodities Act on suitable terms and conditions.

(3.) Learned advocate for the petitioner submitted that the muddamal vehicle has been detained in connection with the alleged offence mentioned in the FIR and that if the interim custody of the vehicle is not given, serious prejudice would be caused to the petitioner as the muddamal vehicle would get substantially damaged by the time the trial gets concluded and probably, by that time, the value of the muddamal vehicle may also become 'Nil' as the vehicle is lying under the open sky in different climatic conditions. It was, accordingly, urged that this Court may direct release of the muddamal vehicle in exercise of the extra-ordinary jurisdiction under Article 226 of the Constitution of India on suitable terms and conditions.