JITENBHAI KHANTILAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Kogje, learned APP waives of service of Rule on behalf of the respondent State. With the consent of the parties, the matter is taken up for final hearing today.

(2.) The short facts of the case are that the vehicle of the petitioner is seized by the police in connection with the C.R. No.I-14/2005 for the offences punishable under Sections 384, 385, 386, 387, 465, 467, 468 and others of IPC. The vehicle is Scorpio Motor Car bearing RTO Registration No.GJ-4-D-5491. The petitioner preferred application under Section 451 read with Section 457 of Cr.P.C. for receiving custody of the vehicle. The said application was rejected by the learned Magistrate on 11.5.2005 and the petitioner carried the matter before the learned Sessions Judge by preferring Revision being Revision Application No.36/2005. The said Revision Application also came to be rejected against which the petitioner has approached this Court.

(3.) Heard Mr.Tolia, learned Counsel for the petitioner and Mr.Kogje, learned APP for the State. Mr.Tolia, learned Counsel appearing for the petitioner relied upon the decision of the Apex Court in case of Sunderbhai Ambalal Desai v. State of Gujarat â ⠢⠬⠢ ¢â ¬ â ¢ â ¢ ¢â ¬ … ¢â ¬ â ¬ â ¢ ¢â ¬ … ¢â ¬ â ½, reported in 2002(8) Supreme, 525, and contended that in view of the observations made by the Apex Court, the vehicle deserves to be released. He also submitted that the petitioner is ready to abide by any condition which may be imposed by this Court with a view to see that the vehicle is not used for any illegal activity, but the petitioner who is the owner as per the RTO record and when there is no other claim, may be allowed to use the vehicle for lawful purposes.