JITENDRA CHANDULAL DOSHI Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) It is an admitted position that the vehicle of the petitioner bearing RTO No.GJ-3W 5506 Qualis Car is seized and custody is taken over by the Police in connection with C.R. No.I-309/2004 of Morbi City Police Station for the offence under Section 302 and others and the said vehicle is treated as muddamal. As per the prosecution, blood stains were found in the vehicle and the procedure of taking sample FSL is also completed. It appears that the petitioner applied for getting back the custody of the vehicle by making application on 18.1.2005, but the learned Magistrate dismissed the application on 23.2.2005 on the ground that the FSL report is up till now not received. It appears that the petitioner carried the matter before the learned Sessions Judge by preferring revision and the learned Sessions Judge also, as per the order dated 19.3.2005 has rejected the revision and it is under these circumstances, the petitioner has approached this Court by preferring this petition.

(3.) Heard Mr.Bhatt, learned Counsel for the petitioner and Mr.Gohil, learned APP for the State.