MODSING MANSINH DARBAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has preferred this petition under Articles 226/227 of the Constitution of India, for the release of the muddamal vehicle i.e. Scooter bearing Registration No.GJ-19-AE-8326, which is seized as muddamal in connection with the FIR being C.R.No.III-573 of 2019 registered with Bardoli Police Station, for the offences punishable under the provisions of the Gujarat Prohibition Act.

(2.) Rule. Learned APP waives service of notice of rule for the respondent - State.

(3.) Learned advocate for the petitioner submitted that the said vehicle is duly registered with the Transport Department of the Government and in support of it, RC Book is placed on record. He has submitted that the petitioner is the owner of the vehicle in question. He 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 / 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.