DILIPBHAI BABUBHAI MAHIDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr.Raxit J. Dholakia, learned advocate for the petitioner, and Ms.Moxa Thakkar, learned Assistant Public Prosecutor for the respondent State.

(2.) BY way of the present petition under Section 482 of the Code of Criminal Procedure, 1973 the Code the petitioner has challenged the judgment and order dated 03.12.2012 passed by 7th ad hoc Additional Sessions Judge, Kheda at Nadiad in Criminal Revision Application No.126 of 2012 whereby confirming the order dated 30.10.2011 passed by 5th Additional Senior Civil Judge & Chief Judicial Magistrate, Nadiad in Muddamal Application No.116 of 2012.

(3.) AFTER the aforesaid seizure of the vehicle in question, the petitioner filed Muddamal Application No.116 of 2012 before the court of Judicial Magistrate, First Class, Nadiad wherein the petitioner, inter alia, contended that the petitioner is a transporter and he earns his livelihood by providing transport facility. It was apprehended by the petitioner that if the vehicle in question is permitted to be kept with the investigating agency till the trial is over, the same would remain unused and the petitioner will lose his livelihood. It was also apprehended that if the vehicle in question kept as it is as muddamal the same is likely to be damaged. It was therefore prayed by the petitioner in the aforesaid application that the vehicle in question may be released on such conditions that may impose by the court. The said application came to be rejected vide order dated 13.10.2011 by 5th Additional Senior Civil Judge & Chief Judicial Magistrate, Nadiad.